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“ - I 


MY MYSTERIOUS 
CLIENTS 


BY/ 

HARVEY SCRIBNER 



CINCINNATI 

THE ROBERT CLARKE COMPANY 
1900 


TWO Copies peceiveo, 

Offlo« of tit 

M4V7.I900 


K«gl«t»f of Copyrlgij. 


SECOND COPY, 



58;i9 


Copyright, J90D, 

By The Robert Clarke Company 


TO THE MEMORY OF MY MOTHER 


THESE SKETCHES 


ARE AFFECTIONATELY DEDICATED 








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CONTENTS. 


^ ^ ^ 

L My First Client, \ 

n. The Mystery of a Diamond Robbery, \ 1 

in* The Romance of a Stolen Will, * . 52 

IV* The Silent Witness, * * * * ♦ . 81 

V* Was It Forgery ? * 108 

VI* The Unexpected Witness, * * * * J25 

Vn* The Grooved Bullet, 15 1 

Vm* The Resurrected Witness, * ♦ . * 193 

IX* A Glimpse of Santa Claus, * * . * 227 

X* Santa Claus^ Deputy, 244 

XI* The Magic Whistle, 259 



I. 


MY FIRST CLIENT. 

^ ^ 

S WAS sitting in my office at the top of 
the Caneff Block in the city of L., on 
Christmas Eve^ in the year 1880 * The lamp 
on my table lighted up the usual surroundings 
in a young attorney's sanctum — Chitty on Plead- 
ings, Parsons on Contracts, Blackstone, Kent, 
and all the rest of the old timers looked at me 
solemnly from the case of legal wisdom, bound 
in regulation calf* Over the bookcase a full 
length portrait of Chief Justice Marshall appeared 
to be holding a silent discussion with Salmon P* 
Chase, whose noble bust rested on a bracket at 
the opposite end of the room* Over the mantel, 
a colored engraving of Dan* Webster reminded 
me that there was still room on the top shelf* 
A soft coal fire glowed in the grate, throwing 
lights and shadows upon the objects in this 
clientless retreat* 

I had been in these quarters for a plumb 
year, and not a client had entered my door* I 

CD 


2 My Mysterious Clients* 

had attended court regularly Monday mornings^ 
and heard the lucky lawyers take orders and 
decrees, assign their cases, and wondered when 
the tide would come my way. I arose from my 
seat, lighted a cigar, and poked the fire. The 
sudden blaze illuminated the features of old 
Dan, who looked across the room at Tom Cor- 
win, and seemed to say: '^This thing can^t 
last much longer.^^ It is a long road that has 
no turn.^^ A footfall sounded in the corridor; 
it was evidently directed towards my door. 
Slowly, surely and weariedly it approached. 
The door opened, and a tall, plainly dressed 
and sad looking middle-aged man entered. I 
am looking for a lawyer,^^ he said. That is 
my profession, have a seat.^^ 

He was a Scotchman, with sandy com- 
plexion, slightly bald, a Napoleonic lock curling 
down on his forehead, and the saddest, most 
woe-begone expression I ever saw, on his face. 
Grief, care and anxiety were carved on his 
cheek. His blue eyes were troubled, and ap- 
pealed pathetically for sympathy. Seating him- 
self in front of the grate, where the light of the 
fire reflected every play of his features, he com- 
menced : What I am going to tell you will 
seem strange and almost incredible to you, as 


3 


My First Client* 

it does to me* In our country when a man 
gets into trouble and beyond his depths he goes 
to a lawyer* I suppose it is the case here?^^ 
I said^ my professional instinct awaken- 
ings when a man is so far gone that he can do 
nothing for himself, it then becomes the business 
of the lawyer to extricate him from his difficulty* 
Let us have your story from first to last* We 
will then, as the doctors say, diagnose your case, 
and look up the remedy *^^ 

^^To commence at the beginning, I am a 
native of Scotland, was married ten years ago 
in Glasgow, and have two children, a boy and 
a girl* I lived in Glasgow with my family until 
twelve days ago, when with my wife and two 
children I left that city and started for this 
country on the steamer Circassia* We arrived 
in New York yesterday and took the train west, 
our destination being St* Louis, where I expect 
to secure employment as a civil engineer* We 
arrived in this city this afternoon at about four 
o^clock* Our train for St* Louis would not 
leave until six o^clock, and after resting a while 
with my family in the station, I concluded to 
take a look around your city; my wife and 
children preferring to remain there, I started out 
alone* In a short time it became quite dark, and 


4 My Mysterious Clients. 

fearing that the folks would be anxious about 
me, I returned. Now comes the part of my 
story that is beyond my understanding. The 
station is the large covered depot which I learned 
is at the foot of Main street. When I left this 
station it was full of passenger trains coming 
and going, and crowded with travelers. Every 
thing seemed to be in a hubub. An old gentle- 
man, short, heavy and clean-shaven, excepting 
short, gray side whiskers, dressed in the uniform 
of the railroad company, was there giving direc- 
tions to the people. When I returned, the depot 
was dark and deserted, not a single passenger- 
train there, and not a soul in the buildings. I 
went to the very place where I had left my dear 
wife and children. It was vacant. Since I was 
married, I have spent scarcely an evening from 
my family. You never saw a more devoted 
family. The shock of not finding them is driv- 
ing me wild. I went back into the city and in- 
quired the way to the depot from which the St. 
Louis train would leave, thinking I might, some- 
how or other, have made a mistake. 

** Following the directions given me, I went 
to the station on Compton street, and found the 
St. Louis train ready to go, but the depot, the 
surroundings and the people were entirely differ- 


5 


My First Client* 

ent* In place of the covered depot was an open 
station, and of the old man with the gray 
whiskers was a young man with dark hair and 
mustache giving directions* I gave him a de- 
scription of my family, but no such person had 
been there* I went back to the covered station 
and looked it over carefully* I recognized the 
arched roof, the stairway that led up into the 
dining-room of a hotel* It seemed as if I could 
still hear the colored boy standing on the stair- 
way pounding a gong, and saying that supper 
was now ready, but it was all as deserted as if 
the cholera had been there* I walked back and 
forth, hoping every minute to see my wife and 
children* I pressed my forehead and rubbed 
my eyes to see if I was not asleep* I wandered 
through the streets of the city, puzzling my 
brain to account for this mystery, afraid to tell 
my story for fear people would think I was not 
right* I noticed your sign, Charles Bancroft, 
Attorney-at-La^t on your window, the light 
from which informed me that you were in, and 
I determined to come here and get your assist- 
ance*^^ 

Here was a problem that threatened to floor 
me at the very start* The man was evidently 
in his right mind, although distracted from the 


6 My Mysterious Clients. 

loss of his family. He described the Union 
Depot as it had been five years before ; but for 
five years a passenger train had not run into 
that depot. And yet here was a man whose 
every lineament bore the impress of a truthful 
character, insisting that he had come into that 
station a few hours before on a passenger-train, 
with his family, and had left his family there, 
among a crowd of travelers and a bustling, hur- 
rying throng, that I remembered formerly was 
characteristic of that station. His recollection 
of the depot waiting-room, the darkey sounding 
the gong, and other details, attested his honesty 
and the clearness of his intellect, and yet his 
statement, I knew, was clearly irreconcilable 
with the facts. While I was revolving these 
thoughts, he sat watching me with the plaintive 
look of a child that is lost and in distress. The 
problem was too much for me. I resolved to 
take the usual course of young lawyers under 
similar circumstances, and associate with me 
older and more experienced counsel. 

Fred Hoffmanns office was at the other end 
of the hall. Fred was undoubtedly the greatest 
lawyer in the city. He was a bachelor about 
fifty years of age, possessed of a magnificent 
physique. His head sat on his shoulders like 


7 


My First Client* 

Julius Caesar^s ; his hair once black was now thin 
and a beautiful gray; broad forehead, classic, 
clear-cut features, brown eyes with the tenderness 
of a woman in repose, that blazed like a lion^s 
when aroused* He had been a newspaper man, 
lawyer and politician; had represented our dis- 
trict in congress* He seemed to possess almost 
universal knowledge. History, politics, phi- 
losophy, law and literature were on familiar and 
intimate terms with him* His charity and 
kindness of heart were equal to his intellect* A 
child would be as much at home with him as 
the greatest man in the country, and he would 
be as much entertained with one as the other* 
I resolved to retain Fred* 

I said to my client, Your case is a novel 
one and presents some difficulties that are not 
easy for me to unravel* K you will excuse me 
for a few minutes, I will consult with a 
friend of mine, whose office is on this floor, and 
who, I have no doubt, will find the way to dis- 
cover your wife and children*^^ 

As I walked down the hall I could see the 
light shining through Fredas transom, and 
thought I would find him there engaged in his 
favorite game of whist* He was puffing away 
at his big German pipe and, as I expected, en- 


8 My Mysterious Clients* 

tirely absorbed in a game of whist with three 
young sprigs of our profession^ great cronies of 
his and friends of mine* As I entered, Fred 
spoke to his partner, ** Now you play the Ace 
and catch Johnnie^s King;^^ and sure enough 
down fell the Ace and King, Fred having the 
faculty possessed by only a few of locating the 
cards after the first three or four hands were 
played* When the rubber was finished, Johnnie 
Warner inquired : Charlie, what^s the news 
** News ? I can tell you the most wonder- 
ful story you ever heard* To start with, I have 
a client*^^ 

What ! the entire crowd echoed* 

^^Yes, sir; a real, live, able-bodied client*^^ 
In a moment three young lawyers fell on me 
with a whoop, and nearly suffocated me, ex- 
claiming, ** What ^s the case ? 

** That^s what I came to tell you about, and 
in the first place I want to retain Fred as as- 
sociate counsel*^^ 

^^What do you want to retain Fred for; he 
has more business than he can attend to ? Why 
not take some of the young fellows in?^^ in- 
quired David Corlett, Esq* 

Well, ril tell you the case is too much for 
me, and if I had you young fellows with me. 


9 


My First Client* 

you would only be an incumbrance* I want 
some one that can assist me^ and I accordingly 
came to the greatest lawyer in the world*^^ 

There was not one of us^ excepting Fred^ • 
but believed I spoke the literal truth, and Fred 
was vain enough to enjoy that kind of talk* 

I told the Scotchman's story as he had told 
it to me, without leaving out a single detail and 
wound up with, What do you think of that ? 
^^The man must be insane,^^ said Warner* 
This was the opinion of Corlett and the other 
attorney whose name was Johnson* 

I said, am positive he is not insane* There 
are certain details that are lacking in his story* 
The man he describes as being a director at the 
station I remember well* His name was Halli- 
day* He held that position as long as ten 
years; but he has been dead several years* 
His story may be all true and become clear to 
us by the discovery of some, what may appear 
to him, unimportant detail*^^ We could see 
that the old wheel-house Fred called his brain, 
was getting to work on this new problem* 

Bring your man in here and let me cross- 
examine him*^^ In a few minutes the stranger 
was seated in Fredas office telling his story* 

He seemed to recognize that Fred was the 


10 My Mysterious Clients. 

Moses that would lead him out of the wilder- 
ness and directed his entire attention to him. 
Fred listened to him clear through without in- 
terruption, his magnificent forehead resting on 
as plump and pretty a hand as you ever saw on 
a woman. When he concluded, Fred looked 
up and inquired, ^^You did not tell us when 
you left Glasgow.^^ 

Twelve days ago.^^ 

Yes, I know, but I want to be accurate. 
What day of the month? The 12th of De- 
cember ? 

Yes.'' 

^^What year?" 

At this question we all started. Our hero 
was commencing to disclose his genius. Fred 
drew a piece of writing paper towards him 
and commenced to write. 

You think it strange I should ask such a 
question, but I am in the habit of keeping a 
record of all my cases and am very particular 
about the dates and put them down as they are 
given to me by my clients. Of course I know 
what the year is, but I want you to give it to 
me. 

The stranger answered without any hesita- 
tion, left Glasgow, December 12th, 1875." 


11 


My First Client. 

The man could scarcely fail to note the 
look of astonishment that swept over our 
faces* Fredas face was imperturable when he 
replied, ^^Of course you left on the Circassia 
December 1 2th, 1875* Who were the persons 
who were going to give you work in St* 
Louis ? 

Mr* David Campbell, I used to know 
in Scotland* His address is 2566 South Erie 
street*^^ 

What is your name ? 

Walter Allison*^^ 

** Your wife^s first name ? 

""Jeannette*'" 

""When you left her you had money, of 
course, with you ? " 

"" No, I left my pocket-book with her*" 

As he said this the recollection of his wife 
suffused his eyes with tears* 

Fred arose and walked to a part of the 
office where there were a pile of newspapers, 
and running them over until he came to a cer- 
tain number, looked it over carefully* Sud- 
denly, his face brightened, and he murmured 
to himself, "" I have it*" He turned a call for 
a messenger, and sat down and wrote a note 
which he folded and handed to the Scotchman, 


\2 My Mysterious Clients* 

and said^ messenger will be here presently 
and will take you to a hotel where you will be 
comfortable for the night. Give this note to the 
clerk and he will take good care of you. You 
are worn out with anxiety and tramping about 
the city. I believe I can restore to you your 
wife and family and make this mystery perfectly 
clear; but I want you to help me and you can 
render me the greatest assistance by first se- 
curing the rest and sleep that you are desperately 
in need of. Come to-morrow morning and I 
am confident that I will have good news for 
you." 

If Fred had been his mother and he a baby^ 
his words and manner would not have had a 
happier effect. His face brightened and his 
whole manner changed. 

I will do as you say. I don ^t know how 
you are going to do it, but I am sure you will 
give me back my wife and children." 

He went away with the messenger boy and 
we, with one voice, demanded the solution of 
the mystery. 

^^Why, that is easy enough. He crossed 
the Atlantic in 1875, five years ago. At that 
time the old Union depot was in full blast, and 
old man Halliday was the general director of 


13 


My First Client* 

passengers* The last five years are an absolute 
blank to him* He is sane enough now, but for 
five years he must have been insane* Listen 
to this*^^ 

He then proceeded to read from a news- 
paper dated December 25, 1875: 

The boiler of a locomotive burst in the 
Union Depot yesterday, killing the engineer 
and a passenger by the name of Allison, who 
was traveling with his family on his way from 
Glasgow, Scotland, to St* Louis* The man 
was literally tom to pieces and burned so ter- 
ribly that it was almost impossible to identify 
him, but his wife was finally satisfied on ex- 
amining some remnants of the clothes worn by 
the man that it must have been her husband* 
Now, is it clear to you ? 

** I begin to see daylight,^^ I replied* 

** Of course you do* This man, worn out 
and debilitated with a long trip, his nervous 
system exhausted, in a strange country, with 
but little money in his pocket, and his family 
(who are ^as dear to him as the red drops that 
visit his sad heartO wholly dependent on him, 
goes out of the Union Depot for a quiet walk 
upon the streets of this city* He returns in 
time to witness an explosion of a locomotive 


J4 My Mysterious Clients* 

and sees a man blown to pieces* Wearied and 
exhausted as he was, this spectacle overturned 
his brain; he rushed from the station a mad- 
man, and was in due time taken to the asylum, 
while his wife in the meantime was persuaded 
that one of the men killed was her husband* 
Five years passed away and he escapes from 
the asylum, and while walking our streets his 
reason returns to him, and, utterly unconscious 
of the time that has passed, he repairs to the 
Union Station, confidently expecting to meet 
his family*^^ 

Wonderful ! What is the next move ? 

** Oh/^ said Fred, I will send two dispatches 
to-night, one to David Campbell, St* Louis, in- 
quiring for Jeanette Allison^s address, and one 
to Bret Harte, American Consul at Glasgow, 
asking him to get from the postmaster in that 
city her address* Letters must be sent from 
them regularly to her, and the postmaster can 
easily obtain it, and will do so to oblige so in- 
fluential a person as the American Consul* 
From one of these persons I am sure to get 
her address* That secured, I will not be long 
in restoring this long-divided family*^^ 

The next morning I was in Fredas office 
bright and early* Fred was there, and he 


My First Client* J5 

smiled as though he was listening to the angels 
singing the Hymn of the Nativity. 

^^Any news, Fred ? should say so* I 
sent that old man Campbell a dispatch giving 
him all the particulars* It evidently reached 
him last night and worked him up* Here is 
his answer*^^ 

I took the message and read : 

St* Louis, December 24, 1880* 

Fred Hoffman, 

Will arrive in your city at 2 p* m* Will 
have with me Allison^s wife and two children* 
They are all well and overjoyed at your mes- 
sage* David Campbell* 

I hastened to the hotel to inform Allison of 
the joyful intelligence* Quietly and gradually 
I explained to him the conclusion we had come 
to as a solution of the mystery* He sat for a 
long time absorbed in silent thought and at 
length raised his face and said, ^^Your conclu- 
sion is undoubtedly correct* God grant that I 
may not have a recurrence of my madness*^^ I 
answered him, ^Tt was occasioned not by a 
disease of your brain, but the shock of a sudden 
and terrible spectacle* Now that you have 


\6 My Mysterious Clients. 

recovered, nothing less than another such a 
shock would probably affect you again/^ 
That afternoon, at 2 o^cIock, the Scotchman, 
Fred and four young lawyers were waiting at 
the Union Depot for the St. Louis train. The 
train came roaring in, and the passengers com- 
menced to pour out in a regular procession. 
We scanned the faces as they approached. 
Suddenly there was a cry, Walter,'^ Jean- 
ette.'' 

The next minute a rosy-cheeked little 
woman with flaxen hair was in the arms of 
our Scotch friend, and a grown up boy and 
girl were taking possession of him from each 
side. 


THE MYSTERY OF A DIAMOND 
ROBBERY. 


^ ^ ^ 

CHAPTER I. 

H T six o^cIock on a January evening, in a 
small flat in the suburbs of London, 
Mrs. Clarence Hamilton, whose Christian name 
was Lucy, was busily arranging her dining- 
room for a quiet dinner party. 

This room, like the others in the flat, was 
quite modest and unpretentious ; the walls were 
hung with a rose-colored paper, relieved by del- 
icate vines and leaves of gold; a silver lamp 
swung from the center of the ceiling, suspended 
by gilded chains; steel engravings, with here 
and there a bit of oil painting, enlivened the 
room ; a quaint old clock rested at an elevation 
in one corner, with its weights and swinging 
pendulum exposed; a square table, covered with 
a snowy cloth, was laid for four; a bowl of 
glittering cut-glass, filled with fresh roses sleep- 

( 17 ) 


J8 My Mysterious Clients, 

ing on a bed of ferns and sparkling with the 
water that had just been sprinkled upon them, 
smiled in the midst of an array of gleaming 
china and polished silver. 

The little housewife looked with satisfac- 
tion upon the table and the room, and mur- 
mured to herself that everything was as com- 
plete as her heart could desire. 

She had been but six months married, and 
was thoroughly enjoying the first triumphs of 
housekeeping. 

Her husband, Clarence Hamilton, was the 
confidential agent of Goldsmith, the wealthy 
jeweler. He had general charge of the store, 
held the keys and combination to the safe, car- 
ried the jewels that were left for safe-keeping 
with his master to the ladies, who desired to 
wear them for an evening, and after the party or 
the opera returned them to the ponderous safe 
in his master^s establishment, 

Mr, and Mrs, Hamilton expected to enter- 
tain John, or, as he was universally known. 
Jack Diamond, and Miss Jessie Holden, Jack 
Diamond seemed to have been named for his 
occupation. He was an expert diamond cut- 
ter and skilled jeweler in the employ of Gold- 
smith, 


Mystery of a Diamond Robbery. 19 

Jessie Holden was an old school friend and 
chum of Lucy^s, and affianced to Jack Dia- 
mond. 

Lucy was short and plump^ with light brown 
hair^ grey eyes^ round pink face^ that was as 
animated and changeable as the light waves of 
the bay under the sun that is crossed by fleecy 
clouds. 

The door-bell rang, and Miss Holden, a tall 
maiden, with brown hair and eyes, overflowing 
with life and enthusiasm, rushed into the room, 
embraced her friend, tore off her wraps, all the 
while talking like a house afire. 

I thought I never would get here. The 
underground train ran over a dog and was 
thrown off the track. A detective looking for a 
burglar examined everyone on the train. I 
did n^t know but I would have to send a mes- 
senger from the Old Bailey to Clarence to come 
and bail me out. What a lovely tea-table ! My 
dear, you are an artist, and your home is just 
perfect. I envy you every time I come here.^^ 
My dear, you don^t envy me at all. You 
are simply anticipating the same comforts when 
you and Jack set up for yourselves. You will 
be the mistress of just as cozy an establishment 
as this. You will be busy during the day put- 


20 My Mysterious Clients* 

ting things in order, and Jack will come home 
at night and smoke and talk about old Gold- 
smith and the customers, and we will visit and 
go to the Crystal Palace, and have no end of 
jolly times*^^ 

^^What a bright prospect, if we can only 
make it as pleasant as it looks*^' 

^^Ah, there goes the bell, and the boys are 
here.^^ 

The boys were there by a considerable of a 
majority, as the cheeks of the girls attested after 
the first greeting* Clarence was of medium 
height, slight build, light haired, fair, quiet and 
thoughtful* Jack, tall, crisp black curls, black 
eyes, classic face, buoyant and full of fire and 
energy* 

** What made you so late, my dear 
** It is a long story* I will tell you when 
we get rid of this London dirt* Come, Jack, 
and I will introduce you to the bath-room*^^ 

In a short time the young gentlemen had 
made their ablutions and the little party was 
seated about the dinner table, Lucy presiding at 
the side of the silver coffee urn* While the 
lamb chops and the roast beef and the salads 
and fruits were disappearing, Clarence proceeded 


Mystery of a Diamond Robbery. 2 \ 

with the events that raised the first cloud on 
this happy little household. 

Stanley Douglas you know is our head 
bookkeeper and has under me control of the 
cash. Some days ago my suspicions were 
aroused by certain peculiar entries in the books. 
I said nothings but kept a careful eye on the 
books and the cash and discovered this morn- 
ing that he had been systematically robbing the 
concern and covering it up by manipulating the 
books.^^ ** Mercy exclaimed the girls in one 
breath. and while I was charging him 

with it and demanding an explanation, Gold- 
smith came in and immediately took in the 
whole situation. You know what kind of a 
man old Goldsmith is. I wanted him to defer 
any action until we could calmly consider the 
affair from all points. Douglas is the son of 
Lady Helen Douglas, the daughter of old Gen- 
eral Cameron. Her husband always wished 
that his son should have a business education, 
and put a peremptory clause in his will to that 
effect. To carry out this provision of the will 
he came into our house. A criminal action 
against him would bring down the wrath of 
his mother and do more or less injury to the 
Goldsmith house. She has been scheming to 


22 My Mysterious Clients* 

advance her son to my place and seems to have 
a special dislike to me* I feel it every time I 
take her her diamonds* But old Goldsmith 
once aroused would n^t stop for the Queen of 
England* Against my protest and appeal for 
him to consider the situation, he sent for the 
police, had the young man arrested, and we 
have just returned from the Court, where I was 
required to make an affidavit charging Douglas 
with embezzlement*^^ 

Oh, Clarence ! exclaimed Lucy, and her 
face assumed the hue of the table cloth* Now, 
don^t you go to getting scared, my dear,^^ inter- 
rupted Jack, ^'Clarence has Goldsmith at his 
back, a clear case against this little thief, and, 
above all. Justice and right and the Courts of 
England will take care of him* If Stanley 
Douglas has committed a crime he should be 
punished for it if he is the son of Lady Helen 
Douglas* I admire old Goldsmith for his 
promptness and decision*^^ 

'^That is all very well. Jack, but I am not 
a going to get rid of Lady Helen without the 
biggest kind of a tussle* She is the daughter 
of General Cameron* In his early life he was 
a smuggler and became a pirate* At the battle 
of Waterloo he distinguished himself by reck- 


Mystery of a Diamond Robbery. 23 

less dare devil bravery and King George 

Knighted him and created him Lord of D . 

The fact that he was a Lord and she is a Lady 
does not change her disposition in the least. 
Her mother was a Spaniard, and she has the 
piratical Armada blood in her that will stop at 
nothing. We met her when we were coming 
from the Justice office. She was in a cab with 
her attorney, coming no doubt to bail her son. 
Her face turned purple when she saw me.^^ 

^^And you have got to meet that monster to- 
night ? 

^^Yes, I am due there with the celebrated 
diamonds in forty minutes,^^ said Clarence, 
looking at his watch, and then reaching into 
his inside pocket, produced a leather case; 
opened it and held up to the gaze of the ladies 
a string of glittering stones. They could not 
restrain an exclamation of delight at the sight 
of the waving mass of iridescent flashing 
gems. 

** How many are there, Clarence ? 

^^One hundred, each one worth Two Hun- 
dred Pounds. They are set in tiny little cups 
attached to what is called the barrel chain, a 
gold chain, the tiny links of which are delicate 
little barrels.^^ 


24 My Mysterious Clients. 

Rolling up the necklace in some tissue paper 
he replaced it in the case and in his pocket. 
Just as the party were arising from the table^ 
Mary, who was the cook and first and second 
girl, announced to Clarence that his cab was 
waiting for him. 

You folks amuse yourselves until I return, 
which will be about 8:20,^^ and Clarence having 
ensconced himself in his overcoat left the flat 
and entered his cab. 

CHAPTER 11. 

The cabman, a trusted man employed for 
this special business, cracked his whip and 
started his horses on the route in the direction 
of the mansion of the Lady Helen. In about 
twenty minutes the cab drove up to the gates 
of its destination, which were opened, and the 
next moment Clarence hurried with a palpitat- 
ing heart up the broad steps of the mansion. 
A servant introduced him into a small reception 
room just off the main hall. After waiting a 
few moments the Lady Helen appeared in full 
dress. She was a large woman with a good 
figure, barring a tendency to stoutness. Silky 
hair, black as the raven and eyes equally black. 


Mystery of a Diamond Robbery. 25 

contrasted vividly with a skin white as marble. 
Her features were regular and of an Italian cast. 
A tiara of diamonds flashed in her dark hair 
above her broad, low forehead. A bunch of 
wood violets rested in the lace that covered her 
bosom. Her dress was a magnificent combina- 
tion of silk, satin and embroidery. ^^Good 
evening, Mr. Hamilton.^^ ^^Good evening. Lady 
Helen. Here are the diamonds and here is the 
receipt.^^ Lady Helen took the receipt, sat down 
to a writing desk and signing it handed it back 
to Clarence, about as cold and stately as usual. 
A stranger would not have suspected that she 
would have taken pleasure in annihilating him 
where he stood. 

** For reasons you will readily understand, I 
shall return from the opera a little earlier than 
usual this evening. Please be here at half-past 
ten.^^ Clarence took his departure and was 
speedily carried by his faithful cabman back to 
the little flat, where his friends besieged him 
with questions as to the manner of My Lady, 
and finally as to her dress. The only thing 
Clarence could remember about her dress was 
the tiara of diamonds and the wood violets. 

Clarence, you do n^t mean to say that the 


26 My Mysterious Clients. 

diamonds and the violets constituted her entire 
outfit 

** Why, that ^s scandalous, Clarence/^ 

Poor Clarence made a heroic effort, but in 
vain, to recall the background, the beads and 
filigree of the corsage and the colors and mate- 
rial of the skirt and sweeping train. He had 
only a dim recollection of rustling silks, the col- 
ors of which were hopelessly lost and confused, 
surmounted by an ivory neck and classic head. 

By the way, she comes home early from 
the opera to-night, and I am to go for the dia- 
monds at 10:30.^^ 

Well, then,^^ said Lucy, ^^Jack and Jessie 
shall stay with me until you get back. Half 
after eleven will not be late for them to stay. 
Jack can sit here and smoke, and Jessie and I 
will visit.^^ The table being arranged, the party 
sat down for a game of whist. 

At ten o^clock Mary announced that the 
cab was waiting and a snow-storm in progress. 
Clarence put on his overcoat, and assuring his 
friends he would return before eleven, took his 
departure. As Lucy had suggested, the two 
ladies visited and Jack smoked and amused 
himself going through Clarence^s library. 

Eleven o^clock struck, and Lucy went to the 


Mystery of a Diamond Robbery* 27 

window, pressed her face close to the glass and 
looked along the row of yellow gas-lights 
through the flying snow up the street* 

Clarence ought to be here* His cab is not 
even in sight*^^ 

** He will be here pretty soon* My Lady 
may not have left the theater as soon as she ex- 
pected, or she may have detained him,^^ her 
friend suggested* 

'^Yes, of course, he will come along all 
right; but I cannot help feeling anxious, and 
will be so until he gets here*^^ 

The conversation ran along in desultory 
channels until the half-hour struck* At the 
same moment a cab drove rapidly to the front of 
the house and stopped, followed by a sharp ring 
of the door-bell* Lucy, looking out of the win- 
dow, exclaimed: ^Tt^s Clarence^s cab, and he 
will be right up*^^ The door opened and Clar- 
ence entered, whiter than a sheet and the image 
of terror and despair* 

With one voice his friends asked him what 
was the matter* Robbed ! robbed ** What, 
the diamonds ** Yes, that glorious necklace, 
trusted by Goldsmith to me as he would trust 
them to no one else, was taken from me by a 
trick that any clodhopper would have foiled*^^ 


28 My Mysterious Clients. 

Lucy> who was now as pale as Clarence, 
exclaimed : ** Oh, Clare, we are ruined V* 

are not any such thing,^^ Jack ex- 
claimed, energetically. Let us hear how this 
thing happened, and then we will know what 
to do. This is no time to talk about being 
ruined. The game has just begun. Tell us 
all about it, Clarence.^^ 

You know when I left you there was quite 
a flurry of snow. When I arrived at the Doug- 
las mansion it was a perfect storm. I knew the 
lady was there, for I saw her cab going to the 
stable. Notwithstanding that, she kept me 
waiting in the little anteroom about ten minutes. 
At last she came, handed me the jewel-case, 
which I opened, saw the jewels were safe in- 
side, and handed her her receipt. She made 
some remark about the storm, bid me good- 
night, and in a minute I was running down 
the steps through the blinding snow. A foot- 
man stood at the side of the cab, holding the 
door open for me. I jumped in, holding fast to 
the jewel-case. The door was slammed to, and 
we rolled down the drive and out of the gates. 
We had gone about a quarter of a mile when 
the cab stopped, the door was opened, and a 
man in a mask poked a revolver into my face. 


Mystery of a Diamond Robbery* 29 

My own revolver was in my hand, and while I 
was in the act of raising it he gave me a terrific 
blow on the head, that knocked me senseless. 
When I came to I found myself lying in the 
snow, against a fence. I immediately searched 
my pockets. Of course the diamonds were 
gone, but my watch, money and everything 
else was intact. I hurried as fast as I could 
back to Lady Helenas mansion. I found the 
gates open, and my cab, with Tom on the box, 
waiting under the porte cocherie. Tom seemed 
to be surprised to see me coming up the drive- 
way. I said: ^Tom, how did you come to let 
those fellows stop you?^ He said: T don^t 
understand you, sir. One of Her Ladyship's 
servants told me that you would be detained, 
and that I could drive over to the Queen's 
Arms, where I could get a glass of grog and be 
sheltered from the storm, and return in a half- 
hour. I thought it was strange, knowing how 
particular you were in this business; but when 
he handed me some change to buy the liquor 
with, it seemed there was nothing else for me 
to do but to drive over to the Queen's Arms, 
which I did, and have just returned.' The 
whole scheme was as clear as day. The rob- 
bers had replaced my cab with their own, set 


30 My Mysterious Clients. 

the trap, and I, like some dumb animal, had de- 
liberately walked into it.^^ 

** Did you inform Lady Helen ? Jack in- 
quired. 

No. My first impulse was to tell her and 
inform the police. After a little reflection, I 
concluded to drive back here, consult you, and 
then decide on a plan of action.^^ 

Good boy,^^ Jack responded. No one 
knows of this robbery but us four and the rob- 
bers. We can quietly lay our plans and re- 
cover the diamonds and no one will ever know 
of it.^^ 

** What is the object of keeping it a secret ; 
do you not propose to expose and punish the 
robbers ? Jessie inquired. 

No, my dear little girl, and for this reason, 
the exposure and arrest of the culprits means 
that Goldsmith will learn that Clarence per- 
mitted himself to be outwitted by a diamond 
thief, and no matter how blameless Clarence 
may have been, he will never trust him again 
to carry jewels to his patrons. If he discovers 
this night^s work, Clarence loses his position 
as confidential agent, which is quite valuable 
and promising, and more than all that, the pub- 
licity of an affair of this kind, the charges that 


Mystery of a Diamond Robbery* 31 

will be made by the guilty parties to shield 
themselves^ and his being mixed up with a 
diamond robbery, will destroy his future pros- 
pects*^^ 

Lucy said very decidedly that she would a 
great deal rather Clarence would report the 
theft to the police and Mr* Goldsmith, let the 
consequence be what they would* ** Supposing 
that you should fail to locate the thief and re- 
cover the diamonds ? Mr* Goldsmith will wish 
to know, why this silence? Why this delay 
in reporting this enormous robbery ? Sus- 
picion will fall on Clarence* He will not only 
lose his position, but his good name and per- 
haps worse may befall him.^^ 

I appreciate the force of your argument,^^ 
Jack replied, ** but if Clarence will take my ad- 
vise and rely on me, I am sure I can bring him 
through this all right, save him both his honor 
and his position.^^ 

^^What do you propose to do Jessie de- 
manded* 

** I have not a particle of doubt but the Lady 
Helen Douglas is at the bottom of this whole 
business* The affidavit made by Clarence* 
against her son furnishes the motive* She has 
the disposition and character to carry out an en- 


32 My Mysterious Clients^ 

terprise of this kind. She detained Clarence 
ten minutes. What for? To enable the cab- 
man to get out of the way and to be replaced 
by another employed by her. One of her ser- 
vants lures Clarence^s cabman away^ one of her 
servants holds the door of the cab of the robbers 
open^ while Clarence enters to lessen the chances 
of discovery. All these things show us as con- 
clusively as if she had confessed that she is 
the guilty party. If we raise a hue and cry^ 
she will declare at once that a job was put up 
by Clarence to rob himself. Her servants will 
sustain her. In fact^ it is evident to me that 
she expects him to make an outcry. That is 
a part of her scheme and for the purpose of 
placing Clarence behind the bars with her son. 
When you have discovered your enemy^s 
scheme, the thing to do is not to help it on but 
to baffle it. As long as we keep silent, she must 
keep silent to. She dare not move until we 
do. If she does, she must explain how she 
knows there was a robbery. If you will leave 
this matter in my hands, I promise you to check- 
mate her.^^ 

I think you are right, Jack,^^ Clarence re- 
plied, but what do you propose to do ? ** 

** First, I will go now and see David Carew. 


Mystery of a Diamond Robbery. 33 

He is the best detective on the force. I have a 
plan in my mind which I want to submit to 
him. If he can propose no better one^ we will 
at once commence to work this one out, and I 
promise you that you shall have the diamonds 
inside of forty-eight hours. This is Monday, 
nearly Tuesday morning. You shall have the 
diamonds by Thursday evening at the farthest. 
You take Jessie home in the cab. I will go 
with you as far as the Ninth Police Station, 
where you can drop me, and where I can prob- 
ably find Carew. By the time you get back, 
we will have our plans formulated and will dis- 
cuss them with you.^^ 

The risk is something tremendous, but I 
believe that I will take it,^^ said Clarence, tak- 
ing Jack^s hand, there is something in your 
assurance that inspires me with confidence. 
Old fellow, do your best, and whatever the re- 
sult, I will not question the wisdom of your de- 
cision.^^ 

Lucy shook her head and still insisted that 
concealment was a risk too fearful to assume. 


34 


My Mysterious Clients* 


CHAPTER HI. 

The two young gentleman bundled Jessie 
into the cab and were driven rapidly to the 
Ninth Station^ where Jack left them. Jack 
wound his way up the stairs of the police 
station and presently found himself in a small 
dingy room lighted by a lamp^ in the presence 
of a shorty thick-set man, with a bull-dog 
face, grey, stubby mustache, and heavy, over- 
hanging eye-brows. As soon as Jack had 
stated the main facts in the case, the de- 
tective struck a bell, which was answered by 
an old man in a faded police uniform. He 
rapidly wrote a short note, which he enclosed 
and sealed up in an envelope and said, Take 
this to the Alhambra and give it to Sergeant 
Hicks. Wait for an answer. 

After the supernumerary had disappeared. 
Jack proceeded with his story, wondering what 
the Alhambra, a celebrated gambling-house, 
had to do with this case. The Alhambra was 
not far away, and in the course of about 
twenty minutes the messenger returned and de- 
livered a note to the detective, which he im- 
mediately opened and read. Looking up, he 


Mystery of a Diamond Robbery* 35 

said, is just as I thought* Lord Drumly 
is the man the Lady Helen procured to assist 
in this robbery* He is her brother* She 
would not risk twenty thousand pounds worth 
of diamonds with any one else* He is a 
gambler in desperate straits, an adventurer, but 
her brother* Hicks writes me that he left the 
Alhambra at ten o^clock and returned at 11:30, 
and is there now* He was absent at the very 
time this robbery was committed, and in my 
judgment he is the man who commiited it* 
He may have the jewels on his person ; if so, 
we could waylay him and make him give them 
up* The chances are that he has them con- 
cealed somewhere* The thing to do is to 
shadow him until we know he has them, and 
then take the necessary measures to make him 
disgorge* I believe we can effect a recovery 
without any publicity and save your friend his 
position* Hicks will keep him in view until 
to-morrow, when I will place a man on him, 
who will stay by him and who is equal to any 
emergency*^^ 

When Clarence arrived, Carew cross-exam- 
ined him closely, eliciting all the details of the 
robbery, which only confirmed his previous 
opinion* It was two o^clock when the two 


36 My Mysterious Clients* 

friends bid the detective good morning and pro- 
ceeded to their homes. 

CHAPTER IV. 

Before they fell asleep and at breakfast next 
morning, Lucy continued to express her regrets 
at the course to which her husband had com- 
mitted himself, expressing the darkest fore- 
bodings. Clarence parried her argument as 
best he could, suggesting that it was but a 
choice of evils. That an announcement that 
he had been robbed would compel him at once 
to defend himself against the charge of com- 
mitting the robbery himself, which the Lady 
Helen would surely make, and which she had 
planned to make. If he took that course, he 
would have to meet that charge, and would 
certainly lose his position and perhaps his 
credit. If he succeeded in carrying out his 
present plan, he might save both. 

I think,^^ said his wife, that you are too 
easily influenced by Jack. You jump at his 
proposal and refuse to listen to your wife. He 
took this whole business with entirely too much 
composure to suit me.^^ 


Mystery of a Diamond Robbery* 37 

Merciful heavens^ you don^t mean to say^ 
Lucy^ that you suspect Jack ? 

^^No, not of stealing the necklace^ though 
twenty thousand pounds worth of diamonds 
would tempt many a fair-appearing man* But 
that is not what I mean* Jack is next in suc- 
cession to you* He is very ambitious^ expects 
soon to be married, and if you should lose your 
place he would profit by it* I thought he seemed 
very little disturbed by the news which simply 
paralyzed all the rest of us*^^ 

** My dear wife, you do one of the bravest, 
kindest, noblest fellows in the world a grave in- 
justice* If there is any person in this world I 
know and know thoroughly, it is Jack Diamond* 
I would trust him with my life*^^ 

^^You have already trusted him with your 
honor, which is more valuable*^^ 

Clarence took up his daily duties at the store, 
full of anxiety and impatient for news from the 
detective* His conscience gave him a twist when 
he greeted his employer, and he wished from the 
bottom of his soul that he had taken his wife^s 
advice and made a clean breast of the whole 
business at the very commencement* Early in 
the morning he received a note from Carew, 
saying that Lord Drumley had left Dover by an 


38 My Mysterious Clients* 

early boat for Paris^ and that the faithful Hicks 
was on the same conveyance* In the evening 
he received another message that Drumley was 
stopping at the La Trapp, a modest hotel in the 
vicinity of the Palais Royal and some of the 
richest jewelry establishments in Paris* Every- 
thing indicated that Jack and Carew were on 
the right scent and that the game would soon 
be driven to bay* 

At about eleven the next morning, Clarence, 
in response to a message from Carew, drove in 
a cab to the Ninth Station and was soon closeted 
with the grey and stubby detective* Carew 
looked at him gravely, and finally said : Mr* 
Hamilton, where do you think Diamond stands 
in this game ? ** 

I would as soon suspect my father*^^ 

** I am glad to hear you say so* I have some 
information which made me consider it neces- 
sary to set a watch on him* I am inclined to 
agree with you that he is all right, and what I 
have done is out of an abundance of caution* 
In the meantime be careful what you say to 
him* It is no advantage to us at this time to 
have him know what is going forward*^^ 

Clarence recalled the dark hints of his wife, 
and the bare possibility that Jack had conspired 


Mystery of a Diamond Robbery. 39 

for his ruin, sickened him. He drove the sug- 
gestion from his mind and reiterated his un- 
swerving confidence in his friend. 

On Thursday morning, when Clarence ar- 
rived at the store, a messenger was awaiting 
him with a formal note from the Lady Helen, 
saying that she expected to attend the theater 
that evening, and she would be obliged if he 
would bring her diamonds to her house at a 
quarter to eight. A postscript was added — 
The messenger will wait for an answer.^^ 
Clarence felt the blood rushing into his face 
and filling his eyes. He kept his gaze fixed on 
the note to collect his thoughts. Lady Helenas 
familiar hand- writing seemed to take the hue of 
crimson. The warning of his wife rang in his 
ears — ^^Both position and honor lost.^^ At 
length he recovered himself, and requesting the 
messenger to wait for him he hastened into the 
shop, where he found Jack in his shirt sleeves, 
busy at some gold filagree work. 

The game is up. Jack. Read that.^^ 

Jack read the note, and was plunged for a 
moment in serious reflection. Looking up at 
length he said: ^^The time is short, but we 
can have the diamonds here in time for my 
lady.^^ 


4o My Mysterious Clients* 

^^Jack, you have led me to the edge of the 
precipice. This is no time to talk of impossi- 
bilities. How are we to have the diamonds here 
this evenings when^ according to your theory^ 
they are in the possession of a thief in the City 
of Paris 

am absolutely certain that Drumly has 
the diamonds in his possession. Cable your de- 
tective to take them from him, if necessary, by 
force.^^ 

That is a very easy thing to say. Sup- 
pose Drumly knocks the detective down or has 
him arrested ? 

Hicks is an extremely shrewd and capable 
man and a first-class detective. If Carew wires 
him to have the diamonds here this evening^ 
without fail, he may be knocked down and ar- 
rested, but you may depend upon it the jewels 
will come just the same. Now, Clarence, you 
have followed my advice and Carew^s up to this 
time. Everything indicates that our judgment 
is right. If worst comes to worst, we can arrest 
Drumly and put your name beyond reproach. I 
do not want to do that. I believe the original 
scheme will win yet. Write an answer to that 
note that you will bring the diamonds at the 
time requested.^^ 


Mystery of a Diamond Robbery. 41 

My God^ Jack^ where will that leave me if 
we fail ? 

We^II not fail. Write the note^ and RII 
move heaven and earthy but the diamonds will 
be forthcoming this evening. Here is a pen^ 
and here is paper. We have no time to lose. 
Write the note^and I will order a cab.^^ 

Clarence^ with many misgivings^ wrote the 
Lady Helen that he would deliver her diamonds 
at her house at 745 that evenings in accordance 
with her request^ and gave it to the messenger. 

The two young men rolled rapidly in a cab 
in the direction of the Ninth Station. Clarence 
was nervous^ downcast and blue. Jack was 
cool and collected, and never for a moment 
ceased protesting to his friend that everything 
was coming out all right. 

As they entered the room of Carew, he held 
up a telegram with a smile. Fortune favors 
the brave. Hicks wires me that he has the dia- 
monds and will leave Paris in time to reach 
Victoria Bridge at 7 this evening. At 7:30 he 
will deliver the jewels to you at your house.^^ 
This statement of the detective unbarred the 
gates of Paradise to Clarence. The clouds that 
threatened his happy home were breaking, and 
the pleasant prospect, that had been so rudely in- 


42 My Mysterious Clients* 

terrupted, commenced to resume its accustomed 
outline and lively colors* Jack slapped him on 
the back, saying, What did I tell you, old man ? 
You see I was right* Everything is coming out 
exactly as I predicted* You will deliver the dia- 
monds to my lady this evening, and Goldsmith 
will never know the difference*^^ 

replied Clarence, I believe you, but 
I will not consider myself out of the woods until 
I hold those diamonds in my hand*^^ 

That is right* Hicks is a pretty safe man, 
but it is a long ways from Paris here, and Lord 
Drumly is a desperate character and will not 
give up the struggle without an effort to regain 
the spoils,^^ remarked the detective* 

Clarence recalled this suggestion many times 
as he returned home and muttered to himself, 
Drumly is a desperate character, and like as 
not will steal the jewels from Hicks* May kill 
him, perhaps, who knows, and throw his body 
in the channel* Murders are committed every 
day for smaller prizes than this*^^ 

CHAPTER V. 

At seven o^clock in the evening of the 
day of the events narrated in the previous 


Mystery of a Diamond Robbery. 43 

chapter^ when the shadows had fallen, Lucy, 
nervous as a witch, her whole frame trembling 
with anxiety and terpidation, trimmed and light- 
ed the silver lamp that swung from its golden 
cords. The yellow light diffused over the rose- 
colored walls, disclosing the old-fashioned furni- 
ture and bric-a-brac, made an heroic but vain 
effort to drive away the atmosphere of impend- 
ing doom that seemed to have an existence of its 
own in this sweet little home. The quaint old 
clock ticked solemnly and in ominous warning, 
that in a few short minutes, in a brief half hour, 
the fate of this once happy domestic establish- 
ment would be decided. Lucy touched the bell, 
and when her servant appeared said, '^Mary, 
you need not set on the dinner until half past 
eight,^^ and murmured to herself, By that time 
we will know the worst.^^ 

Clarence came into the room looking wearied 
and anxious. Well, my dear, in twenty min- 
utes more Hicks will reach Victoria Station; in 
ten minutes more he will arrive here, and if no 
mishap has befallen him I will take the diamonds 
to My Lady, and this agony will be over.^^ 

If no mishap befalls him ; but suppose some 
mishap does befall him and he fails to produce 
those jewels ? 


44 My Mysterious Clients, 

** When the crisis comes we will take our 
bearings and meet it the best we can/^ 

If you had only told the truth to Goldsmith 
in the first place and had that villian arrested/^ 
** Yes, and lost my position ? 

You would at least have saved your honor. 
Now all may be lost,^^ 

Wait a little, Chickie, I have faith in Jack^s 
judgment that we have acted for the best, and 
it will all come out right yet. There he comes 
now,^^ And Mary ushered in Jack and his 
beautiful fiancee, Jessie looked pensive and 
anxious, but hopeful, Jack^s eyes sparkled, and 
his face was animated with the anticipation of 
a coming triumph and exciting denouement, 
Clarence, old boy, in a few minutes we 
will have that scoundrel under our feet,^^ 

^^But suppose Hicks fails us. If, in some 
manner, those jewels get away from him, what 
are we going to do ? 

'Hn that case I think I have a coupe to 
meet the emergency, I have not led you into 
this course on any uncertainty, I have a card 
to flash at the last minute that will surprise 
them and you. Keep a stiff upper lip, old fel- 
low, We will eat the jolliest supper here to- 
night that this Boffin bower ever witnessed. 


Mystery of a Diamond Robbery. 45 

won^t we, Jessie With which he clasped 
the young lady^s waist and imprinted a hearty 
kiss upon her cheek. 

^^You would put a soul under the ribs of 
death/^ Clarence responded, completely revived 
by the vivacity of his friend. Jack took from 
underneath his coat a perfect copy of the familiar 
jewel case that had been stolen and laid it on 
the piano. 

Empty is the cradle,^^ said Clarence, baby 
is dead.^^ 

In a few minutes the cradle will contain a 
bright and sparkling little infant,^^ responded Jack. 

The clock indicated 7:37, when the door 
bell startled the little company, and Mary 
brought in two sealed envelopes, one of which 
was evidently a telegram, the other bore the 
seal of Lady Helen Douglas. Clarence hastily 
opened the dispatch and read : 

Victoria Bridge, 7:30 p. m. 
Clarence Hamilton : 

Jewels stolen from Hicks on boat. Must 
arrest D. to-night* He will be at your house 
with Lady Helen in a few minutes. Detain 
them until I arrive. I go for the warrant. 

Carew* 


46 My Mysterious Clients. 

After all we have gone through^ the game 
seems to be up^ Jack/^ 

Read the other note/^ said Jack^ hoarsely. 

Clarence opened it and read : 

Mr. Hamilton : 

I have concluded to save you the trouble of 
bringing me my jewels this evening. I will call 
at your house for them on my way to the opera. 
Please have them ready. My brother will ac- 
company me. Helen Douglas. 

Now, Jack, the time has arrived for you to 
play the last card. If you have succeeded in 
ruining this family everything is over between 
you and me,^^ remarked Jessie, with rising ex- 
citement. 

Polly, put the kettle on, and never say 
die,^^ responded Jack, his eyes dancing with the 
excitement of the promised interview, and con- 
tinuing, ^^You forget that the diamonds were 
taken from Drumly by Hicks. We have posi- 
tive evidence of his guilt. The game is still in 
our hands.^^ The bell rang again. There 
they are.^^ 

The ladies were in an agony of suspense. 
Clarence, as feverish as the gambler who 
watches the last throw of the dice that is to set- 


Mystery of a Diamond Robbery* 47 

tie his fate, nerved himself for the meeting; 
while Jack maintained the same serene confi- 
dence that seemed to have sustained him from 
the start* 

The Lady Helen, brilliant in evening dress, 
swept into the room, followed by Lord Drumly* 
She wore a look of triumph that caused at least 
three of the party the worst foreboding* Lord 
Drumly was considerably the worse for wear, 
but still bore an expression of having at least 
been successful in a hard-fought "battle* 

Lady Helen commenced without any pre- 
liminaries, I expect to entertain some friends 
in my box this evening, and in order to get 
there a little earlier than usual and to save any 
delay, I concluded to call here for my diamonds* 
If you have them ready I will sign the receipt 
and take them*^^ 

Her large lustrous eyes rested inquiringly on 
poor Clarence, who looked as though he was 
about to receive his death sentence* Jack here 
interposed, Clarence, give the Lady her receipt 
to sign and I will get the diamonds*^^ 

Clarence, with trembling hands, produced 
from his pocket a printed form of a receipt, while 
Jack pushed an escritoir, furnished with pen 
and ink, over to the Lady Helen, who had seated 


48 My Mysterious Clients* 

herself upon a sofa. The Lady^ taking a pen in 
her hand, looked up at Jack and inquired^ 
Where are the diamonds 
** When you sign the receipt the diamonds 
will be delivered to you/^ Jack remarked quietly. 

certainly will not deliver the receipt until 
I receive the diamonds.^^ 

Why do you say that, Madam ? Have 
you any doubt that Mr. Hamilton is prepared to 
give you the diamonds ? 

Whether she has any doubt or not,^^ inter- 
rupted Lord Drumly, does not concern you in 
the least. Sign the receipt. My Lady, and I 
will see that you get the jewels before it is deliv- 
ered.^^ 

While the Lady signed the receipt, Carew 
quietly entered the room. She held it up between 
her fingers, and addressing Jack said, ^^You 
seem to have taken charge of this affair, now 
give me my diamonds.^^ 

Jack stepped to the piano, picked up the 
jewel case, and advanced until he stood immedi- 
ately in front of Lady Helen and her brother. 
A scornful smile curled her lips, and she could 
not restrain herself from exclaiming sarcastical- 
ly, Of course my diamonds are in that case.^^ 
** Yes, Madam, surprising as that may seem 


Mystery of a Diamond Robbery* 49 

to you, your diamonds are in this case, where 
they have been ever since the last time you wore 
them* You and your brother have played your 
infamous game to the end, and I am glad to say 
you have lost*^^ With that he opened the case 
and held up to the view of the astonished spec- 
tators a string of glittering stones, a hundred 
dew drops shimmering and flashing a thousand 
lights, the veritable diamonds of the Lady Helen 
Douglas* Lucy and Jessie uttered an exclama- 
tion of delight* Clarence rubbed his eyes to be 
sure he was awake* Lady Helen and her 
brother looked at each other dumb with amaze- 
ment* Lord Drumly involuntarily placed his 
hand on his inside coat pocket* Jack caught 
him by the shoulder, saying, ^^You d — d 
scoundrel, there is an officer here with a war- 
rant for your arrest* Produce those diamonds 
you have stolen or he will take you this minute 
to the nearest station*^^ 

Carew here took a hand* I have authority 
here to search him ; if he refuses to deliver them, 
I will use the necessary force to take them from 
him*^^ 

Drumly, with a very bad grace, produced a 
jewel case, which Jack received and opened, 
and another string of jewels appeared upon the 


50 My Mysterious Clients* 

scene* K the party was astonished before, now 
they were simply paralyzed* They looked at 
one another, at the two strings of jewels and at 
Jack, and waited breathlessly for an explanation* 
These jewels,^^ said Jack, are simply an 
imitation of the others* You thought you had 
stolen the real thing, when in reality you got 
nothing but paste* I could have ended this 
game long ago by simply producing the genu- 
ine article and permitting the thief to discover at 
his leisure the worthlessness of his booty, but I 
determined to unmask an unmitigated scoundrel 
and hold him and his lovely sister hereafter at 
my mercy* Now, Madam, if you want to wear 
your diamonds to the opera, you can have them 
when you give me the receipt*^^ 

The Lady Helen arose, and, with her dark eyes 
filled with scorn and suppressed passion, said. 
It is unnecessary to say to you that I will not 
go to the opera and will not wear those dia- 
monds to-night* You have taken special pains 
and made an extraordinary effort to disgrace 
and humiliate me* The next time you and I 
cross each other, you will need something more 
than paste diamonds to save you* He laughs 
best who laughs last*^^ Then taking her broth- 
er's arm the two marched with injured dignity 


Mystery of a Diamond Robbery. 5J 

down the stairs^ but not soon enough to escape 
the reply of Jack^ Do not forget that I have in 
my possession indisputable evidence that you 
are a couple of highway robbers/^ 

As the door closed on the departing couple^ 
Jessie threw her arms about her lover and gave 
him an embrace that a bear would have envied, 
while Clarence received congratulations from 
his dear Lucy. 

And sure enough, they celebrated that even- 
ing with the jolliest supper that this Boffins^ 
bower had ever witnessed, while Jack related 
how he had spent his idle hours in making the 
paste imitation of the celebrated diamonds. 
When he met My Lady at the Police Station 
he saw there was danger ahead for Clarence, 
and, believing that it would take the direction of 
the necklace, had secretly substituted the false 
for the real gems. 


m. 


THE ROMANCE OF A STOLEN 
WILL. 

CHAPTER I. 

HE mansion of Arthur Merton was sit- 
uated near the Village of Margate on an 
eminence that commanded a view of the sur- 
rounding country. The towers of the old Hall 
rose gently above the tops of a cluster of chest- 
nut trees that gave the place the name of ** Chest- 
nut Hill/^ One hundred and fifty acres of land 
appurtenant to the mansion sloped away in roll- 
ing meadows and shadowy groves to the North 
and East. 

Colonel Merton had inherited this property 
from his ancestors^ together with a considerable 
fortune. This he had, by judicious manage- 
ment, and the exercise of fine business talent in 
the fur trade, very largely increased. From fre- 
quent trips to Europe he had returned with costly 
paintings, Turkish carpets, rich hangings, statu- 

( 52 ) 




Romance of a Stolen WilL 


53 


ary and furnishings^ until the old mansion ex- 
hibited the luxury and elegance of a Ducal palace* 

As you enter the hall you are impressed with 
the altitude of the ceiling, the mosaic pavement, 
relieved here and there with Turkish rugs* Pic- 
tures of Colonel Merton^s ancestors, clear back 
into the cavaliers, greet you on each side* His 
grandmother in the freshness of girlhood, his 
grandfather at twenty in the Continental uni- 
form* 

At the end of the hall and over a door that 
leads into the dining-room the bright eyes and 
fierce face of a moose head does not escape your 
attention* At the end of the hall a stairway 
winds itself to the second floor, broken by a 
landing that commands a magnificent view of 
the country through a broad arched window* 

The inhabitants of this house were Colonel 
Arthur Merton, his brother, Eugene Merton and 
wife, Conrad Steinmitz, private secretary to 
Eugene Merton, and the family servants* Colo- 
nel Merton^s wife had been dead for years* 
Eugene Merton had been married a year previ- 
ous to the incidents of this narrative* He and 
his wife were ostensibly keeping house for his 
brother, although in fact the old Colonel kept 
charge of the helm* 


54 My Mysterious Clients. 

On a certain evening in the month of June^ 
18 — , before the lamps were lighted and while 
the shadows were gathering Eugene Merton 
and his young wife, not in years, but as a wife, 
were engaged in an animated discussion in their 
chamber on the second floor of the Merton man- 
sion. 

Eugene was fifty years old, tall, with an ele- 
gant figure, hair black and slightly thin, high 
forehead, features perfectly regular, liquid black 
eyes full of fire and in strong contrast to a face 
that might have been chiseled from marble. He 
had the air of an aristocrat, and of an intellect- 
ual aristocrat. From the edge of his firm-set, 
clean-shaven chin to the top of his high forehead 
every line of his face breathed culture and intel- 
ligence. He was possessed of an iron will, a 
daring, desperate nature that would not stop at 
anything. His conversation interested, his smile 
facinated you, but all the time there was a secret 
feeling that down at the bottom he was not all 
right. 

His wife had married him at the age of 
thirty. She was tall, of goodly proportions, 
with light brown hair, deep blue eyes, and a 
complexion at thirty as pure and pink as many 
a girl^s at twenty. Her mother and father had 


Romance of a Stolen WilL 


55 


jealously guarded and kept her until Eugene 
Merton came and captured her together with a 
very fair fortune* 

As I have said, this married couple were 
having quite an animated discussion in the dusk 
of the evening* The wife was trying to pur- 
suade the husband to give his consent to her 
joining her mother and father in a proposed trip 
to Europe* He opposed the project strenuously, 
making one objection, then another, but not the 
real one* Millie Merton had lived with her 
husband long enough to learn that this hand- 
some, intellectual, cultivated gentleman was 
utterly cold and heartless* That he had one, 
and only one, passion that consumed and burned 
him like a fever, the acquisition of wealth, the 
love of gold* On the altar of gold he would 
immolate honor, domestic affections, everything* 
Beneficiaries of trusts left in his hands appealed 
to him in vain for settlements ; when once he 
received another man^s money he mingled it 
with his own, and from that time he regarded it 
as his own, and he could not and would not 
give it up* 

His wife saw through his objections and 
knew that the real and only one was the selfish- 
ness that begrudged her the expense of the trip* 


56 My Mysterious Clients* 

an expense which she proposed to pay out of 
her own money* But as he had taken posses- 
sion of her fortune on their marriage and 
mingled it with his own investments^ he re- 
garded it as his own, and her demands as 
appeals for him to go down in his own pocket 
and furnish her with funds for a useless and 
profitless trip* 

** There is another reason, Millie,^^ he said^ 
^^why you should not go away at this time* 
Colonel Merton, as you know, has made a will 
in my favor, cutting off his grandson, Ralph 
Hayden, who has recently come to Margate, 
bringing with him the country girl he married 
at college*^^ 

^^Yes, and that will is nothing more nor 
less than the result of a scheme on your part to 
rob that boy of the home and possessions of his 
ancestors*^^ 

Is it not also the home and possessions of 
my ancestors ? 

^^No; your ancestor provided for you at 
the same time he did for your brother* The 
property left to your brother has been increased 
by him a hundred fold and should properly go 
to his only descendant, the child of his daughter. 
You have absorbed and kept trust funds left in 


Romance of a Stolen WiIL 57 

your hands; you have appropriated and treat 
as your own my fortune^ deny me out of it the 
expense of a trip abroad, and stint me in pocket 
money and the expenses necessary to one in my 
position. You have persuaded your brother to 
give you the birthright of his grandson and 
want me to stay here and cultivate his good 
graces, humor him, and assist you to keep him 
from repenting his unworthy act. I will not 
do it.^^ 

Your future is bound up in mine. You 
will probably look at the matter differently when 
you are the mistress of Chestnut Hill.^^ 

No, I never will. I would not be the queen 
of a kingdom that was not honestly mine.^^ 

An old gentleman, who had stood in the 
shadows of the door of the chamber, an unob- 
served but interested listener, at this point silently 
withdrew, crossed the hall, and entered the op- 
posite chamber. A log was smoldering on some 
andirons in a large fireplace that was set back 
into a high arched opening in a brick chimney 
that filled one corner of the chamber. The 
chamber fronted on the west and north sides of 
the house. In a recess, at the east end of the 
room was an old-fashioned bedstead with a 
silken canopy. The front division of the room 


58 My Mysterious Clients* 

was furnished with large easy chairs, a writing 
desk, sofa, and table, and was evidently the old 
gentleman^s sitting room* At each end of the 
mantel was a large silver candelabra, each hold- 
ing four wax candles* He lighted the candles, 
struck a bell, and seated himself in front of the 
fireplace* He was about seventy-five years old, 
the top of his head bald, his white locks falling 
in a semi-circle nearly to his shoulders, his face 
a wholesome red, betoking a lifetime of activity, 
success, and conscious rectitude, softened by the 
benevolence and charity that is so lovely in the 
aged. 

Conrad Steinmeitz answered the bell* He 
was a mixed German and Frenchman that Eu- 
gene Merton had picked up in Paris* A low 
retreating forehead and an expression of cun- 
ning in his eyes marked him as the subservient 
tool, who would render any kind of service for 
pay* 

Colonel Merton, for he was the unobserved 
listener to the foregoing conversation, said to 
the servant, Harness one of the horses into the 
phaeton, drive down to the village and bring 
Frederick Stillman up here, I want to see him 
right away*^^ 

Frederick Stillman was the junior member 


Romance of a Stolen Will 59 

of the law firm of Burnett & Stillman* Major 
Burnett^ the senior, was a bald-headed, sandy 
faced old veteran, who had fought on one side 
or the other in nearly all the legal battles of 
Sumpter county for half a century* The natur- 
ally shrewd expression of his face was intensi- 
fied by the contraction of his left eye, making 
him cockeyed; the left eye could rarely be seen, 
but the right burned with a double brightness* 
He was always ready, witty and brilliant* 

His partner, Stillman, a man of about forty, 
was quiet, reserved, studious, thoughtful, con- 
tent to do the drudgery in the office, often plan- 
ning legal moves and ambuscades that his part- 
ner caught onto with avidity, and carried out 
with brilliant success, usually taking the entire 
credit of the whole proceeding to himself* Still- 
man was the confidential adviser of pretty much 
the whole county, and was implicitly trusted by 
Colonel Merton* 

In due time he was ushered into the Colonels 
apartments, with a roll of parchment under his 
arm* After the preliminary greetings and Still- 
man was seated comfortably in front of the great 
fireplace with his cigar lighted, the Colonel 
stated the object of the interview* 

have made up my mind, Stillman, to 


60 My Mysterious Clients. 

make a new will and to leave all of my prop- 
erty to my grandson, Ralph Hayden. He acted 
outrageously in marrying that country girl with- 
out consulting anyone while he was going to 
school and living on my bounty, but for all that 
he is my grandson — my dead daughters only 
child — and I was wrong in cutting him off. My 
brother is rich himself and has married a wealthy 
wife; there is no reason why I should leave 
him any part of my fortune. Draw a will — 
simple and concise — leaving everything to my 
grandson.^^ 

^^Have you the will in favor of your 
brother asked Stillman. 

'^No; he has it, but I shall notify him that 
it is revoked, and direct him to destroy it.^^ 

Stillman opened the writing desk, and, in a 
few minutes, penned the following : 

Last Witt and Testament 
of 

Arthur Merton* 

I, Arthur Merton, in good health and of 
sound mind, do make and publish this my last 
will and testament. 

I give, bequeath and devise to my grandson, 
Ralph Hayden, all of my real and personal 


Romance of a Stolen Will, 61 

property of every kind and description to have 
and to hold to him^ his heirs and assigns forever* 
I appoint the said Ralph Hayden executor of 
this my last will and testament and revoke all 
former wills made by me. 

I guess that is about what you want, Col- 
onel.^^ 

That hits it exactly. The idea of the young 
scamp marrying that miller^s daughter! I don^t 
blame him, however, so much since I have seen 
her.^^ 

You ought not to blame him for anything 
but the want of consideration in marrying this 
girl while at school and without consulting any- 
one* The girl herself is all right and will be 
the making of Ralph.^^ 

You don^t know how much good it does 
me to hear you say so, Stillman. I believe Pll 
make up with the young scamp. However, do 
not inform him for a while of what I am about 
to do.^^ 

The will was duly executed by the Colonel, 
and witnessed by Stillman and Steinmeitz, who 
was called in for the purpose. Steinmeitz made 
haste to carry the news to his master, Eugene, 
who intercepted Stillman as he was passing 


62 My Mysterious Clients* 

through the hall^and called him into the library* 
A silver lamp^ suspended by silver chains from 
the center of the vaulted ceilings lighted one of 
the most charming rooms in the house* Wine- 
colored curtains of some rich stuff hung upon 
the windows, and were gracefully looped back 
with heavy silken cords* The room was finished 
in mahogany* The decorations and the uphol- 
sterings were also of a rich wine color, relieved 
by a touch of gold* The walls were lined with 
book cases filled with books, and surmounted 
with busts and pictures of literary celebrities* 
Eugene motioned Stillman to a seat, and, 
without any preliminaries, informed him that 
he knew what his brother had just done, and 
proceeded : 

K that will is probated I lose this home, 
where I was bom, and the immense estate con- 
nected with it; if not, I keep them* The op- 
portunity to grasp great wealth comes usually 
at least once in every life* It has now come to 
you* You are poor, struggling to take care of 
your wife and children* You may pass this op- 
portunity and go on working to the last* No 
one knows of the existence of this will but Stein- 
meitz, you and myself, outside of the testator* 
Steinmeitz is my servant, and can be implicitly 


Romance of a Stolen Will 63 

relied on. You surrender this will to me ; the 
first will is probated, and you and your family 
pass the rest of your days in a mansion that is 
as splendid as this. You will have horses and 
servants, your family can take trips to Europe 
when they like and enjoy every luxury of wealth. 
I will turn over to you securities, execute papers 
right here and now that will secure to your sat- 
isfaction a fortune that will give you and your 
family all that I have suggested if you will give 
me that paper in your pocket.^^ 

^'You have entirely mistaken your man. 
Your wealth and your brother's together would 
not tempt me to give you this paper. Your 
proposition is an insult, infamous in you and a 
reflection on me.^^ 

You are entirely too prudish for the age,^^ 
Eugene replied, rising from his seat. ^^You 
have been confined too long in Margate and 
have become narrow. Take time to consider 
my suggestion, and, in the meantime, I trust 
that you will consider this talk as confidential.^^ 
'T am under no obligations whatever to 
consider it confidential. As there is nothing to 
be gained by disclosing it, I shall probably keep 
it to myself. Good-night.^^ And the lawyer 
bent his steps homeward* 


64 


My Mysterious Clients* 


CHAPTER 11. 

The next morning Stillman handed his part- 
ner, Major Burnett, a sealed envelope bearing 
the indorsement, ^^The Last Will and Testa- 
ment of Arthur Merton.^^ 

So the old Colonel has made another will ? 
Yes, and left everything to his grandson*^^ 
I am glad of that* The young fellow is 
pretty wild, but he is his grandson and ought to 
have the property*^^ 

The Major handed the will to an old man 
who had been an attache of the office time out 
of mind* He kept the books, made the collec- 
tions, filed away and took care of the papers, 
and was, he had often said, the general utility 
man of the office* His name was Lloyd, James 
E* Lloyd, Notary Public* He took the will, 
made a record of it in a register, and placed it 
carefully inside of the iron box in the safe* 

** You cannot take too good care of that will,^^ 
remarked Stillman* 

^^It is all right in that safe,^^ remarked the 
Major* 

I am not so sure of that* Eugene Merton 
is a desperate and dangerous character*^^ 

^^You are right* He loves money better 


Romance of a Stolen WilL 


65 


than his life^ and his heart is as cold as the ice 
in the Arctic seas^ but PII risk the safe even 
against him^ besides there are too many of us 
know about the will/^ 

Ralph Hayden^ the grandson of CoL Merton, 
had lost both his father and mother in his child- 
hoods He was a blue-eyed, flaxen-haired child 
of fortune* He had grown up with the expecta- 
tion of inheriting his grandfather^s fortune* 
While away at school his good nature, happy 
disposition and liberal habit of flinging his money 
right and left had made him popular among his 
school fellows* At the same time the leader- 
ship he took in all the mad pranks, midnight 
escapades and questionable proceedings in the 
college gave him the reputation of a wild and 
fast young blade that was a tradition long after 
he had left the college and settled into a sedate 
and respectable citizen* 

One day on one of his excursions into the 
country with some of his fellow students he ob- 
served a girl of probably seventeen years, stand- 
ing under the shadows of an old mill pensively 
looking at the water falling over the dam* She 
was the miller^s daughter, a country beauty with 
dark curling hair and brown eyes, a dimple in 
her cheek and another in her chin, a complexion 


66 My Mysterious Clients* 

naturally dark^ embrowned with the sun and 
glowing with health* The feminine qualities 
were so mingled in her that the whole party was 
charmed, and Ralph completely captivated* She 
was equally taken with him, and as he had al- 
ways been accustomed to have what he wanted 
at the time he wanted it, the result was that 
within two weeks after the time he had met the 
young lady the two were clandestinely married, 
to the dismay of her parents and the rage of his 
grandfather* The former became reconciled, 
but the latter cut down his grandson^s allowance 
and made a will absolutely disinheriting him in 
favor of his uncle* This state of affairs contin- 
ued until his grandfather executed a new will, 
as related in the preceding chapter* 

CHAPTER III. 

One day in the latter part of July following 
the events just related, Lloyd, the old man who 
looked after the office of Burnett & Stillman, 
was found sitting in his chair stone dead, his 
hand rested on his desk holding a pen that he 
was in the act of writing with when the sum- 
mons came* Disease of the heart had threat- 
ened him for a long time and in one instant had 


Romance of a Stolen Will 67 

caused the spirit of the faithful old clerk to take 
its flight. 

Death seemed to be abroad in the country^ 
for within a week after Lloyd^s taking off Colo- 
nel Merton fell down in an apoplectic fit. He 
was carried to his bedroom^ and there, under the 
canopy of the old bedstead, with his eyes rolled 
up that were now sightless, he lay, his breath 
coming and going in loud stertorous gasps. He 
was taken in the evening, and long before mid- 
night his family and friends were gathered about 
his bedside watching with tearful eyes the final 
struggle between life and its victor. The news 
flew to the village, and the inhabitants gathered 
in the stores and public places to discuss the 
event and receive bulletins of the sick man^s con- 
dition. 

At twelve o^clock the doctors intimated that 
he would certainly not last until morning. At 
this time Stillman observed Eugene and Conrad 
quietly slip out of the room. He stepped into 
the hall in time to see them pass together into 
the library and afterwards saw Steinmeitz leave 
the house. At three o^clock Eugene returned in 
time to see his brother breathe his last. 


68 


My Mysterious Clients* 


CHAPTER IV. 

Early in the morning after the funeral^ Bur- 
nett and Stillman met in their private office. 
The shock of the death of Col. Merton was nat- 
urally succeeded by the consciousness of the re- 
sponsibility that devolved upon them both to 
procure the probate of his will and the possession 
by Ralph Hayden, the legatee, of his vast prop- 
erty. 

While these gentlemen were speculating on 
the future of the parties interested, Ralph him- 
self was introduced. He had been informed by 
Stillman on the night of his grandfather^s death 
of the change in the will. A light suit of rough 
Scotch goods, that had just come into fashion, 
set off his graceful figure. He was warm with 
exercise, his light curling locks, wet with per- 
spiration, clung about his forehead, and his 
handsome face looked troubled. 

The Major looked at him with the admira- 
tion that youth, good looks and fortune always 
command, and said : 

How is the grandson and heir this morn- 
ing ? 

The grandson is all right, but I am not so 


Romance of a Stolen WilL 


69 


sure about the heir* What does this mean ? 
and he handed the Major a note* 

The Major took it and read a formal notice 
to the heirs of Arthur Merton to meet at Chest- 
nut Hill at three o^cIock p* m*^ on August 6th, 
which was the next day, when his last will and 
testament would be read, and was signed 
Eugene Merton*^^ 

** It seems to me he is taking a good deal 
upon himself* You are the heir of Arthur Mer- 
ton, and this notice should properly come from 
you or us as your attorneys*^^ 

Stillman started hastily from his seat, saying, 
I have not seen the will since it was placed in 
the safe* I will go and get it,^^ and proceeded 
to the outer office, where the ponderous safe was 
kept* In a few minutes he returned, pale and 
filled with consternation* ** The will is gone*^^ 
What,^^ the Major almost screamed, ** im- 
possible* . It cannot be,^^ and he bounded into 
the outer office, pulled from the small iron box 
that was a safe inside of the safe and in which 
the most valuable papers were kept, all of the 
papers it contained and carefully ran over and 
examined each and every one, taking the precau- 
tion to open the envelopes and examine their 
contents — but no, there was no ^^Last Will and 


70 My Mysterious Clients* 

Testament of Arthur Merton*^^ The Major 
himself had handed the will to Lloyd, and had 
seen him place it in the safe* He remembered 
just how it looked: could still see it, a large en- 
velope sealed with red wax that bore the impres- 
sion of the office stamp; on the back the indorse- 
ment in the fine handwriting of Stillman, The 
Last Will and Testament of Arthur Merton*^^ 
The little box contained a plenty of last wills and 
testaments, wills of almost everybody in the 
county were there, wills, as the Major said, ** to 
bum,^^ but the will that he wanted was cer- 
tainly not there* 

He returned to his friends, his face red and 
the perspiration oozing from every pore* My 
God, Stillman, this is appalling* What do you 
make of it?^^ 

^^The will has been stolen* I told you when 
you put it in the safe to look out for it*^^ 

did not suppose that Eugene Merton was 
an expert, who could crack a burglar-proof safe*^^ 

** That secretary of his, Conrad Steinmeitz, 
is just that character*^^ 

The Major sat down and after looking at 
Stillman quizzically for a moment said, What 
are we going to do ? This situation demands 
that we should act, and act quickly 


Romance of a Stolen Will 71 

^^In the first place let us find out what is 
Eugene Merton^s program* A great deal de- 
pends on that* He can only do one of two 
things* He may claim that this last will was 
never executed* If he does our course is very 
simple* But he will not risk that procedure* 
He will say that the old gentleman sent for the 
will and destroyed it in the presence of himself 
and Steinmeitz, and declared that it was his wish, 
that the original will should continue in force*^^ 
^^And if he had done that under the law in 
this state, the original will would be valid,^^ re- 
marked the Major* 

Yes, and you can trust Eugene Merton for 
assuring himself on that point before he acted* I 
will go over and sound Merton in such a way 
that he will have to declare himself* We can 
then decide on our program*^^ 

The Major walked the floor, his game eye 
closed and the other burning brightly, talking 
sometimes to Ralph, again to himself, curs- 
ing his folly in not forstalling this catastrophe, 
vainly endeavoring to formulate some plan that 
would checkmate the bold and desperate coup 
Eugene Merton had executed* 

Ralph could not resist the comic side of the 


72 My Mysterious Clients* 

situation and finally broke in^ Ma jor^ you look 
as though a simoon had struck you.^^ 

^^You are the fellow that the simoon will 
finally strike* It will not hurt me, but it humili- 
ates and annoys me to the very death to feel that 
I am in any degree responsible for it*^^ 

You could not be expected to guard this 
paper against a bank cracksman* The law, I 
believe, exempts us all from responsibility for the 
act of God and the public enemy* Eugene Mer- 
ton is the public enemy*^^ 

I am glad to hear you exonerate me,^^ said 
the Major, grasping his clients hand* ^^Do not 
despair* Things look pretty leary, but the devil 
is in it if Stillman and I cannot construct some 
scheme that will get away with this midnight 
robber*^^ 

Through the window, in the far distance, 
Ralph could see the towers of his grandfather^s 
mansion rising above the chestnut trees* A few 
moments ago that proud home of his ancestors 
was his, and now the clouds were gathering 
about it and threatened to take it from him for- 
ever* 

In due time Stillman returned* He was 
calm and collected and evidently decided on 
what he intended to do* 


Romance of a Stolen WiIL 73 

is just as I anticipated/^ he remarked. 

Mr. Merton responded to my inquiries very 
freely and with apparent frankness. He said 
that a few weeks before his brother's death he 
sent Steinmeitz to our office for the will^ that it 
was ^iven him by Lloyd. Lloyd is now con- 
veniently dead and cannot deny it. That Col. 
Merton in the presence of Eugene and Stein- 
meitz burned the will in the fireplace in his bed- 
room, and then said to Eugene, foolish mis- 
understanding caused me to make this will, 
which I have since repented. The original will 
is now good, and you will inherit the property, 
as I always intended you should.^ 

very pretty story, and one that is con- 
trived with a view to the bearings of the law as 
expressed by the decisions of our Supreme 
Court. The secretary, of course, sustains the 
master ? 

To the very letter.^^ 

He has made up his case, and it is a very 
strong one. Two persons, one of them a wit- 
ness to the will, swear that Merton destroyed 
the will in their presence. No one else was 
present. The proof of the destruction of the 
will is complete. There is no one to contradict 


74 My Mysterious Clients* 

them. How are you going to get away with 
that case ? 

** I have a plan^ Major^ which you will ex- 
cuse me for not disclosing until the time for 
action arrives. I am now forty years old, I 
have been with you for fifteen years, and you 
must give me credit for originating some very 
successful maneuvers, which you have executed 
with a great deal of brilliancy and received all 
the credit. I am not complaining. Major, for 
the custom is as old as the practice of the law 
for the young lawyer to plan the campaign and 
the old one to ride out on, horseback and win 
the victory. But some time or other the young 
lawyer must make a strike for himself or remain 
forever in obscurity. I think that time has 
come for me. I will not promise you that my 
plan will win, but I have a notion that it will go 
through.^^ 

The Major bent his visible eye on his part- 
ner with a benevolent smile and said, By gad, 
Stillman, I did not suppose you had so much 
grit. I am delighted to hear you say that you 
are willing to tackle the lion in his den alone 
and without assistance. You would not do it 
unless you held cards that are winners. I will 
be there to hold your hat and see that you get 


Romance of a Stolen Will* 75 

fair play* K you fail I will not reproach you* 
K you win, Ralph and I will see that you get full 
credit for the greatest coup de main ever exe- 
cuted by a lawyer in Sumpter county *^^ 

CHAPTER V. 

Promptly at three o^clock on the afternoon 
of the succeeding day the parties interested in 
the will of Arthur Merton were gathered in the 
library of Chestnut Hill* Ralph and his wife, 
the Major and Stillman were seated in a cluster 
on one side of the room* Eugene and his man 
Friday on the other* A stranger would have 
noticed that all present were laboring under sup- 
pressed excitement* The usually pale face of 
Eugene was slightly flushed, and his black eyes 
restless and feverish* The Major wore the calm 
and confident look that he put on at will in des- 
perate cases at the trial table* It was this look 
that worried Eugene* He murmured to him- 
self, ^^What in the world is that old schemer 
holding back?^^ 

Stillman kept in the background and man- 
aged to conceal the nervousness that shook his 
very soul* Sally Hayden sat close to her hus- 
band, the color coming and going in her beauti- 


76 My Mysterious Clients. 

ful face^ and not a single detail or situation es- 
caped her observant eyes. Ralph was keyed up 
with excitement and turned his blue eyes from 
Stillman to Eugene and Eugene back to Still- 
man^ vainly endeavoring to figure out the coup 
de main that the Major had assured him Stillman 
would certainly make. 

I know him/^ said the Major. ** He is a 
trump. HeM never undertake this business 
alone if he did not hold the winning cards. He 
holds fours, by gad. He is entitled to credit for 
his work and this time he shall have it.^^ 

Merton opened the ball by quietly saying. 
As all persons interested in the estate of my 
late brother are now present for the purpose of 
hearing his last will and testament, with their 
permission I will open and read it.^^ 

He took from his pocket a large heavy en- 
velope, broke the waxen seal, took out and 
unfolded a sheet of parchment, and commenced 
to read, The last will and testament of Arthur 
Merton.'' 

He was interrupted by Stillman. beg 
your pardon, Mr. Merton, but what is the date 
of that instrument?" 

Merton read from the bottom of the will the 
date of its execution. 


Romance of a Stolen Will 77 

You know that is not the last will and tes- 
tament of Arthur Merton/^ 

** You refer^ of course/^ Merton replied^ ^^to 
the will written and witnessed by you^ and as I 
explained to you yesterday, that will was de- 
stroyed by my brother in the presence of Conrad 
here and myself/^ Here Conrad nodded his 
assent. ** My brother requested Conrad to go 
to your office and procure and bring him the 
will. It was delivered to him by your clerk, 
Mr. Lloyd — who has unfortunately since died — 
brought to my brother, who, in our presence, 
burned it in the fireplace in his room, and then 
declared that he had made this will under a mis- 
understanding, that he revoked it and desired to 
restore the will I hold in my hand. Is this not 
true, Conrad ? 

Every word of it,^^ replied Conrad. He 
destroyed the new will in our presence and said 
that the old one should take its place.^^ 

Eugene grew serene. The first point was 
made. Conrad had declared himself and could 
not go back. 

Stillman, like Eugene, had arisen and stepped 
forward until the two stood fust opposite. His 
face was very pale, but with an unblenching eye 


78 My Mysterious Clients. 

he looked steadily into the eyes of Eugene, as 
though he would read his soul. 

There is not one word of truth in any- 
thing that you have just said. Conrad did not 
bring the will to your brother. Your brother did 
not destroy it. Conrad climbed through the 
transom over the door of our office on the night 
your brother died. He obtained the combina- 
tion of the safe, opened it, ran through the 
private papers until he found the sealed envel- 
ope indorsed, ^The Last Will and Testament 
of Arthur Merton,^ which he stole and delivered 
to you here in this room. You broke the seal, 
took out the instrument, read it and burned it 
here in this room, in this grate, in his presence, 
while your brother was dying upstairs.^^ 

A smile of scorn curled the thin lips of Mer- 
ton, which suddenly disappeared as Stillman 
continued: '^You thought you were burning 
the last will of your brother, but you were mis- 
taken.^^ Stillman here drew from his pocket a 
large sealed envelope, broke the seal and un- 
rolled a sheet of parchment. This is the last 
will and testament of Arthur Merton — look at 
the signature of your brother. Neither you 
nor your fellow conspirator can deny it. The 
paper you stole was a clever counterfeit; this. 


Romance of a Stolen WilL 79 

the genuine will, has never been out of my 
possession/^ 

The Major, by this time, was looking over 
Stillman^s shoulder and remarking, sotto voce. 
The old man^s signature, and no mistake/^ 
When Stillman produced the genuine will, 
the flush on Merton^s face suddenly changed to 
a deathly palor; bending forward he rivitedhis 
gaze on the concluding sentences and signature 
to the will^ The silence was painful His 
usual self-possession and ability was, as Stillman 
had anticipated, for the moment paralyzed. The 
attack was so sudden and the revelation so un- 
expected that he found himself groping and 
vainly endeavoring to collect his scattered facul- 
ties. Suddenly raising himself erect he looked 
around the room as if in search of some one. 
He had decided on a counter move. K he could 
prove that his brother had destroyed the copy of 
a will, believing it to be the original, of what 
value was the original ? 

The Major, whose keen observation had 
not lost a detail, divined his purpose. ** It is too 
late, Eugene; the game is up. Your friend and 
fellow schemer has made his escape and is now 
on his way to Canada.^^ 

Merton^s eyes fell back again on the un- 


80 My Mysterious Clients* 

rolled parchment that Stillman still held towards 
him in an attitude of appeal* The familiar sig- 
nature of his brother seemed to burn him and 
brand him as a liar and a thief* The utter 
hopelessness of his case grew rapidly to a con- 
viction, and it behooved him to save what he 
could* He turned and addressed his nephew. 
It seems I have failed in the dearest ambition 
of my heart* I do not know what your purpose 
is* I have no right to ask any favor of you, but 
would be glad to know if you intend to take any 
proceedings against me*^^ 

Ralph, who for the first time in his life was 
quite serious, replied, in sad and sweetly modu- 
lated tones, No, I shall not prosecute you* You 
are my uncle* You bear the name of my grand- 
father* I will not deepen the stain you have 
placed upon it*^^ 

To which his uncle replied, will get my 
belongings together and this afternoon leave you 
in possession and master of Chestnut Hill*^^ 

The old joyous look came stealing back into 
the face and eyes of Ralph* He placed his arm 
tenderly around the waist of his wife, saying, 
'^Yes, I am, and will remain, the master of 
Chestnut Hill, and Sally Hayden, my lovely 
wife, is its mistress*^^ 


THE SILENT WITNESS. 


^ 

B n the month of June^ 1855^ Messrs* Riggs 
and Horton were sitting in their law 
office in the city of L ^ congratulating them- 

selves that the courts were about to close, and a 
vacation and most desirable rest was at hand* 
L was a city of about twenty thousand in- 

habitants, located in Massachusetts, within a 
few miles of the sea coast* 

Riggs had arrived at middle age* He was 
six feet in height, broad shouldered, intellectually 
and physically vigorous, and an all-round good 
lawyer* 

The junior member was still under thirty, 
of slight build and nervous temperament* Hard 
study and close application to business had given 
him a spirituelle cast* The last thing either 
of these two lawyers were thinking of was a 
client, and yet a client was at hand* 

The office boy ushered in a lady dressed in 
pure white — tall, slender, graceful, with flaxen 


82 My Mysterious Clients. 

hair, blue eyes, a complexion pure as crystal, 
and not more than twenty-five years old. The 
bachelor lawyers lost no time in tendering the 
lady a chair, and awaited expectantly a state- 
ment of her mission. Was it tickets for a charity 
party, assistance for a Sunday-school picnic, a 
divorce suit with a black-eyed siren for a co- 
respondent, or did she want them to draw her a 
chattel mortgage ? After introducing herself as 
Mrs. Catherine Miller, she proceeded to say that 
a paper had been served on her by the sheriff 
that morning, from which she learned that she 
had been sued, but she was unable to ascertain 
from the paper the nature of the action. Mr. 
Riggs examined the paper. It was a summons. 
On the inside Catherine Miller was notified that 
she had been sued by Adis O^Neil, and she was 
required to answer on or before the 20th day of 
August, or judgment would be taken against 
her. On the back of the summons was the in- 
dorsement : Plaintiff asks equitable relief.^^ 
^^This suit,^^ said Riggs, '^relates to real 
estate.^^ 

The only real estate I have,^^ the lady re- 
plied, ** is the farm left me by my husband, and 
upon which I and my three children are living. 
He inherited it from his father.^^ 


The Silent Witness. 


83 


Riggs struck a small bell^ in answer to which 
the office boy appeared. ^^Jack, run over to the 
court-house and bring me the papers in this 
case.^^ Jack took the summons^ and after an 
absence of about five minutes^ returned with a 
brown envelope containing the petition in the 
case^ which Mr. Riggs read through carefully 
and handed to his junior partner. 

Madame, this suit involves the title to your 
farm. I see by the petition your husband, Perry 
Miller, inherited the farm from his father, John 
Miller, he inherited it from his father, Robert 
Miller, and he took his title through a deed from 
James O^Neil. The deed was made June J4, 
1805, just fifty years ago. It appears from this 
petition that Adis O^Neil is the son of Jerry 
O^Neil and the grandson of James O^Neil, the 
grantor of the deed to your husband^s grand- 
father. He claims that the deed from James 
O^Neil to Robert Miller was never executed by 
his grandfather. That Robert Miller procured 
an attorney to draw up this deed and sign 
O^NeiFs name to it. That the whole transac- 
tion was a fraud, and he asks that the deed be 
set aside and annulled, and the farm turned over 
to him. He also asks for an account of the 
rents and profits of the farm since your hus- 


84 My Mysterious Clients. 

band^s family have been in possession and for 
judgment against their respective estates.^^ 

During this recital the lady turned pale and 
red alternately. Her eyes filled with tears. Her 
voice trembling with agitation^ she exclaimed: 

It cannot be possible that this farm that has 
come down to us through two generations can 
be taken away from us by a stranger.^^ 

** That is your strong position. Fifty years 
of uninterrupted and uncontested possession is 
a sheet anchor. Do you suppose you could find 
the original deed from James O^Neil to your 
grandfather, Robert Miller ? Of course there is 
a copy of it on the records, but it is of vital im- 
portance that we should have the original.^^ 

I will look among my husband^s papers, 
and if I can find it, will bring it to you this 
afternoon.^^ 

Mr. Horton said : I see by this petition that 
the deed was attested by two witnesses, Caleb 
Huntington and Mark Miller. Caleb Hunting- 
ton died years ago. What has become of Mark 
Miller 

** Oh, he is living yet. He was a brother to 
Robert Miller and great uncle to my husband. 
He and my husband^s family have never been 
on good terms.^^ 


The Silent Witness. 


85 


That is unfortunate/^ Horton responded. 

He is probably the only living person that was 
present at the making of this deed. His good 
will now would be invaluable. However^ if the 
deed is all right he certainly would be incapable 
of robbing you of your fortune to gratify a petty 
malice.^^ 

I have no confidence in Uncle Mark. If 
the result depends upon him I fear the worst. I 
place my case^ myself^ and my little children in 
your hands^ gentlemen^ with the utmost confi- 
dence that you will bring us through all right.^^ 
Both attorneys gracefully accepted the trust 
and gave her profuse assurances that they would 
exert all the ability at their command to protect 
her title. 

After the door had closed behind her^ Horton 
sat looking inquiringly at his chiefs who seemed 
plunged into a brown study. ** What do you 
think of her case ? he at last inquired. Con- 
foundedly dangerous. I have no doubt James 
O^Neil executed that deed. The value of the 
farm at that time was too insignificant for any 
man to imperil his liberty and honor and eternally 
damn his soul for. But Adis O^Neil would 
never have brought this suit at this late day 
without some evidence to support it. And who 


86 My Mysterious Clients* 

but this rascally old Mark Miller would furnish 
it ? I have known him for years. His hatred 
for his brother's family has lasted through two 
generations. In addition to that^ he is the in- 
carnation of avarice. He loves money as he 
does his hearths blood. This farm, according to 
the petition, contains two hundred acres. It was 
originally sold for $100. To-day it is worth 
$100 an acre, $20,000. Here is the meat in the 
cocoanut. The young heir of James O^Neil 
turns up unexpectedly. The old man recollects 
that he is the only living witness of the deed. 
The combination is made to set aside the deed 
and divide the spoils. If I forecast this thing 
right, there is trouble ahead.^^ 

I think you are getting ahead pretty fast,^^ 
Horton responded. ** The old man may be on 
our side, or, if he is against us, it is possible that 
some witness of the execution of the deed still 
survives. That failing, a good cross-examina- 
tion of the old man ought to break him down if 
he is lying. Suppose I write him a note asking 
him to call and see us on important business.^^ 
good idea. We will then know where 
we stand, and have our work cut out for us.^^ 
Horton immediately dispatched a messenger 
to the ancient Miller, which was duly delivered 


The Silent Witness, 


87 


to him on the same day. In the afternoon a 
package of papers was left with the two attor- 
neys by a messenger from Catharine Miller, 
Among them was the original deed from James 
O'Neil to Robert Miller, It was in the ordinary 
form^ commencing, Know all men by these 
presents, that I, James O'Neil, in consideration 
of one hundred dollars to me in hand paid by 
Robert Miller, the receipt of which I hereby 
acknowledge, grant and convey to said Robert 
Miller the following described real estate," Then 
followed a description of the farm and the usual 
covenants of warranty. At the bottom of the 
deed was written in a trembling hand, 

JAMES O'NEIL, 

Opposite to this signature were the names of 
Caleb Huntington and Mark Miller as witnesses. 
The deed had been acknowledged before Caleb 
Huntington, who had acted both as a notary pub- 
lic and witness. The body of the deed was in 
his handwriting. On the back of the deed, in 
the same handwriting, was the indorsement from 
James O'Niel to Robert Miller, This was a 
document to be read over cursorily, and then 
carefully and finally analyzed sentence by sen- 
tence and word by word, 

Horton read the deed through and then 


88 My Mysterious Clients. 

handed it to Riggs, remarking that he did not 
see anything in it excepting that the signature of 
James O^Neil had a remarkably honest and 
bona fide look. Riggs glanced at the signature 
and said, That ^s right. It is an honest signa- 
ture. Now for old man Miller.^^ 

The next morning the old man turned up 
with the note of invitation in his hand, looking 
more truthful and disinterested than any ordinary 
man would ever dare to hope to be. He was 
65 years of age, of small build, his head shaped 
like a bullet and covered with hair as white as 
snow. His features and eyes were small and 
scarcely disguised a lurking cunning. He wore 
a blue broadcloth dress suit with smooth brass 
buttons, which contrasted vividly with his yel- 
low waistcoat and his white duck trousers. He 
shook hands with the two attorneys warmly, 
and with more than the usual deference that 
was accorded in those days by the lay men to 
the lawyer, and inquired with a great deal of 
interest after their health. He recalled some 
reminiscences of the elder Riggs, long since dead, 
who was a distinguished lawyer and at one 
time the chief justice of his state. His flattery 
was of the indirect, subtle, delicate sort that 
rarely fails to reach its mark. The two lawyers 


The Silent Witness. 


89 


drifted along in a very pleasant and agreeable 
conversation with their guest until he abruptly 
called attention to the object of his visit. Why/^ 
said Mr. Horton^ a man by the name of Adis 
O^Neil has commenced a suit to set aside a deed 
from James O^Neil^ his grandfather^ to Robert 
Miller, your brother. We have been retained by 
your grand niece, Catharine Miller, to defend her 
title. Caleb Huntington and you appear to have 
witnessed the deed. We know, of course, that 
the deed was all right or you and Caleb Hunting- 
ton would never have witnessed it. We sent 
for you to learn any particulars that might be 
of use to us in the defense of this case.^^ 

The two attorneys eyed him closely during 
this statement. When he touched on the ina- 
bility of the two witnesses to do anything dis- 
honorable he blushed to the roots of his white 
hair. The blush faded away, leaving an ex- 
pression of mingled penitence and regret. 

^^Well, gentlemen,^^ he commenced, ^^they 
say an open confession is good for the soul, and 
I am going to make an open confession. In the 
first place, I regret now more than ever the long 
feud that has existed bet ween my brother's fam- 
ily and me, for now what I am about to do will 
be misconstrued. People will say that my testi- 


90 My Mysterious Clients* 

mony is prompted by my resentment to my 
brother's family^ and that I sacrificed an inno- 
cent woman and her children to gratify my 
vengeance. This is a reputation that no old man 
would like to take with him to his grave. Not- 
withstanding all this, I have made up my mind 
to tell the truth and the whole truth. I am too 
far advanced — too near my final account — to go 
into a court of justice, and, under the solemni- 
ties of an oath, tell anything but the truth/^ 

Every linament of the old man^s face, every 
tone of his voice, was expressive of his candor 
and sincerity. 

^^To commence at the beginning, this farm 
was owned originally by Terrence O^Neil, who 

died in L , of a fever, in 1804. James 

O^Neil, his only brother, was living in Ireland 
at that time. On hearing of his brother's death, 
and that he had left him some property, he came 
over to look after it. At that time my brother 
Robert kept the only tavern in this place, which 
was a rough border village on the outskirts of 
civilization. O'Neil became a guest in my 
brother's inn, and was greatly disappointed to 
learn that the farm that he inherited was worth 
not more than $100. He lived at my brother's 
house seven or eight months, doing such odd 


The Silent Witness. 


91 


jobs as he could get^ and trying to find a pur- 
chaser for the farm. Finally my brother told 
him he would give him $100 for it^ and he said 
he would take it if he could not do better. Be- 
fore the contract could be closed he was taken 
sick with the same fever that carried off his 
brother and rapidly sank until he died. Now 
comes the part of the story that I hesitate to telk 
but I will tell it to you now as I will tell it when 
the time comes in court. On the morning 
O^Neil died my brother came to me and said^ 
* Come with me, Mark, I want you to witness a 
deed.^ I went with him to the parlor bedroom, 
where O^Neil was lying dead on the bed. My 
brother and Caleb Huntington, a lawyer and 
notary, were the only other persons present. 
This lawyer had a deed all written up and ready 
for the signature. My brother caught a fly and 
put it in the dead man^s mouth, and Caleb placed 
a pen in the dead man^s hand, and guiding it, 
signed his name to the deed conveying the farm 
to my brother. Caleb signed as a witness and 
presented it to me. I hesitated. ^Sign,^ said my 
brother, sternly, and I signed my name under 
Caleb^s. * Now/ said my brother, * you noticed 
that I put a fly in O^Nei^s mouth while it was 
alive, and if questions are asked, you can swear 


92 My Mysterious Clients* 

that at the time the deed was executed there was 
life in O^NeiL^ This may have satisfied my 
brother^ but it did not satisfy me^ and I have 
had it on my conscience ever since*^^ 

K you are telling; the truth I should think 
you would/^ said Riggs* 

What I have told you is the absolute truths 
and I am only too sorry to be compelled to tell 
it*'' 

Well, now, Mr* Miller," said Horton, ^^you 
are a man of honorable instincts* How came 
you to take part in such a damnable conspiracy? 
I can hardly believe you capable of such vil- 
lainy*" 

The old man sputtered and coughed, and 
finally said: was but fifteen years old, my 

father was dead, and I was living with my 
brother, who had taken the place of my father* 
He was a stem, decided man, accustomed to 
implicit and instant obedience from every one 
in his household* To have questioned his au- 
thority in the slightest degree would have been 
met with a knockdown* As I recall that old 
ironclad, I only wonder that I even hesitated to 
witness the paper*" 

That may account for your conduct ; but 
how about Caleb Huntington ? He left a good 


The Silent Witness* 


93 


reputation. He was not a member of your 
brother's household^ and therefore would not 
commit grand larceny and desecrate the dead 
because that old pirate, your brother, directed 
him to.^^ 

Well, now, Mr. Riggs, I think I knew Mr. 
Huntington better than you did. He died about 
the time you were born, and I knew him since 
he was a child to the day of his death. He was 
my brother's lawyer, and completely under his 
influence and accustomed to follow his direc- 
tions as implicitly as any of his family. If it 
had been otherwise my brother would have dis- 
charged him. Huntington knew this only too 
well. He was afraid of being discharged and 
he was afraid of my brother.^^ 

Why did you not make this known before ? 

What was the use ? O^Neil had no rela- 
tives in this country. I did not know what part 
of Ireland he came from or that he had any 
relatives living ; besides all that, he owed my 
brother $100 for board and lodging, and the 
farm was not worth more than that sum at that 
time. When this young O^Neil turned up and 
questioned me about the deed, for awhile I pre- 
tended to have forgotten all about it, but finally 
I made a clean breast of it.^^ 


94 My Mysterious Clients* 

^^Well/^ said Horton, must say, Mn 
Miller, that your story is pretty fishy* The 
judges of our court knew Caleb Huntington, and 
it will be a long time before they render a judg- 
ment that will everlastingly blacken the reputa- 
tion of a pure and high-minded lawyer.^^ 

It do n^t make any difference to me what 
judgment they render. If I am called as a wit- 
ness I will tell the truth, and that ends my re- 
sponsibility* Good day, gentlemen,^^ and the 
old blue coat and brass buttons disappeared. 

^^Mr. Riggs, as you said yesterday, we now 
know where we are. This man^s story, told 
with a candor of delivery and circumstantiality 
of detail that is extremely convincing, has to be 
contradicted, and with what have we to contra- 
dict it ? 

Caleb Huntington^s reputation and this 
piece of yellow paper,^^ responded Riggs. My 
father used to tell me that if a written document 
was a fraud, there would be somewhere in it 
something that would indicate its fraudulent 
character, and that the same thing was true of 
a document that was honest, that somewhere in 
it there would be found infallible proof of its 
authenticity* I will take this deed home with 
me this evening and search it down to its very 


The Silent Witness* 


95 


soul and find out whether Uncle Mark is telling 
the truth or is the champion liar of the universe/^ 

Riggs took the deed home with him and read 
it down and up and up and down^ sideways and 
backwards^ until he knew it by heart, but could 
not find the hidden evidence that would save the 
valuable farm and comfortable home for his fair 
client and her children. Horton took a turn at 
it with like success. The only thing they could 
say was there was something about it that 
impressed them that it was genuine, just as a 
gold piece rings true on the counter and you 
cannot explain why. 

The vacation drifted into the past, just as all 
vacations unfortunately do. The new term 
opened, and the case of O^Neil vs. Miller was 
set for trial on a certain Monday. On the Sat- 
urday before that Horton drove out to his clients 
farm. A large, two-story frame house, painted 
white, with green shutters, gable roof and broad 
veranda, rested on an elevation among a cluster 
of poplars. To the right were waving fields of 
corn and wheat. To the left green meadows 
sloped away into a valley, through which a 
crystal stream bubbled and gurgled and slaked 
the thirst of the cows that were grazing on its 
banks. A broad driveway wound its course for 


96 My Mysterious Clients* 

a distance of a hundred and fifty feet from the 
steps of the veranda to the old-fashioned gate 
that was closed by means of a beam extending 
across its top and resting with its end in the 
notch of the wooden gate post. A short distance 
to the right of the house, in the shade of an old 
elm, a long pole balanced on a post acted as a 
lever to lower and raise the old oaken bucket 
that hung in the well. This farm was worked 
on shares under the direction of the young 
widow, who, since her husband^s death, had de- 
veloped a good deal of executive ability. 

In response to Horton^s knock, the door 
opened and the lady of the house herself, dressed 
in a crisp muslin gown, her yellow hair twisted 
into a poetic knot at the back of her head, greeted 
her visitor with the cordial hospitality that is 
native to the farm-house and ushered him into 
the parlor. This room was used only on state 
occasions. It was furnished with a rag carpet 
of bright and varied hues, of which white and 
red predominated, mahogany sofa and chairs 
upholstered in horsehair, while drab paper shades 
covered with fantastic designs in gilt hung over 
the windows. A colored engraving of a vessel 
in the act of going down in the blue sea, on the 
lower margin of which was printed, The 


The Silent Witness* 


97 


Wreck of the Caspian/^ hung in a beveled 
wooden frame just above a high wooden mantel 
that was painted black* A pitcher with a 
broken nose, filled and overflowing with fresh 
and fragrant honeysuckles, stood on the center 
table* The windows were raised, and the 
autumn breezes rustled through the purple 
clematis that climbed the side of the house* Hor- 
ton saw through the window three children, a 
boy and two girls, ranging from two to six years 
of age, playing under the old elm, and at regular 
intervals heard the whistle of a bobolink that 
was perched on a willow overhanging the brook 
in the meadow* This farm had been cleared by 
Robert Miller, redeemed and fashioned by his 
hands from the forest into fields of productive- 
ness and beauty* He had built the house, the 
barns and the fences* Here he had lived and 
died* Here his son and grandson had been 
born, had lived and given up their lives* Was 
it possible now that the law would take this 
home from the widow and his great grandchil- 
dren and send them, outcasts and paupers, into 
the world ? , These thoughts chased through 
the mind of Horton during his interview with 
his client* When he took his departure he took 
with him the memory of a pale, anxious face and 


98 My Mysterious Clients. 

eyes suffused with tears that increased his sense 
of responsibility until it became fairly oppressive. 

On returning to his office he found Riggs 
seated at his desk with his eyes on the mysteri- 
ous deed. ** I say^ Rlggs^ I have just been out 
to see our client^ and it occurs to me that we 
might as well call in some one to assist us. The 
responsibility of this case is something fearful.^^ 

Well, whom can we retrain? There is no 
lawyer at this bar that would be of any assist- 
ance to us.^^ 

How about Judge Larwell ? 

By George, I never thought of him.^^ 

Judge Oliver Larwell was an old lawyer 
who had retired from practice years before. He 
was known as a walking law library. He had 
been chief counsel in cases that were historic. 
His house was built on a promontory that ex- 
tended into the sea, and so close to the water 
that one veranda overhung the waves that 
lapped the rocky foundation. On this veranda 
he was accustomed to walk for exercise and en- 
joy the rolling ocean and salt air. Here he had 
placed his library of literature and l^w, the finest 
in the state. While he had retired from practice, 
he was often consulted by attorneys from his 


The Silent Witness* 99 

own and neighboring states^ and wrote opinions 
for which he received enormous fees* 

^^If any man can save this case it is the 
old judge* We will drive down and see him 
this evening*^^ 

That evening found the two lawyers seated 
with the old judge in his splendid library^ a room 
twenty feet broad and thirty long^ carpeted with 
axminster^ the walls lined with shelves of law 
books^ ancient and modern literature, above 
which frowned or smiled engravings and oil 
portraits of famous lawyers and statesmen* The 
judge was a man of medium height, broad 
shouldered, heavy set, with a large head, low, 
broad forehead, heavy eyebrows, under which 
shone clear, gray piercing eyes which seemed to 
blaze when he was animated* His features 
were strong and rugged, his hair heavy and 
white as snow* 

After Riggs had presented the case, he took 
the deed and read it over carefully until he came 
to the signature, when his eyebrows raised very 
perceptibly* He looked at the indorsement on 
the back and re-read it, and said : This is a 
very interesting case* As you say, if the testi- 
mony of Mark Miller is refuted it must be by 
evidence furnished by this paper* I will keep it 


1. oCC. 


100 My Mysterious Clients. 

over Sunday and examine it thoroughly. Usu- 
ally papers of this kind, if they are all right, 
contain some evidence that will vindicate their 
truthfulness. I have not been in court for 
twenty years, but your description of this farm 
and its owner appeals to me so strongly that I 
will make an exception in this case, put on my 
armor and take part with you in the fight.^^ 
This unexpected condescension delighted the 
two lawyers, and Riggs hastened to respond: 

You shall take the lead in the case, examine 
the witnesses and make the argument.^^ 

^^If you desire it I will do so, and it will 
probably be my last appearance in court.^^ The 
old judge bid his two legal brothers good night, 
shaking hands with each of them with an old- 
fashioned courtesy that was equally winning 
and graceful. 

On Monday morning the little old court 
room was filled with interested spectators from 
town and country. Three judges sat behind a 
desk that was upon a slightly raised platform. 
In a niche in the wall, immediately back and 
above the judge, stood a statue of Justice, her 
eyes bandaged, a sword in one hand and a pair 
of scales in the other. The presiding judge 
called the case of O^Neil vs. Miller. Immedi- 


The Silent Witness* 


lOI 

ately a slender gray-headed gentleman, who was 
elegant in appearance and elegantly dressed, 
rose and said he represented the plaintiff and 
was ready for trial. Riggs and Horton and 
Judge Larwell were seated at a table opposite, 
and Riggs rose and said that he and his associ- 
ates represented the defendant, and that they 
were ready. A young man, who turned out to 
be the plaintiff, walked through the court room 
with Mark Miller, and they both took seats near 
their attorney, whose name was Eugene Camp. 
Mrs. Miller and her three children were seated 
in a row behind her lawyers. Her face was 
pale and worried, but collected. It was evident 
that if the case went against her she would die 
game. Mr. Camp, the attorney for the plaintiff, 
in a pleasant, persuasive voice, stated the case 
of the plaintiff, and concluded by saying that it 
would be sustained by the uncontradicted testi- 
mony of the only living witness to the transac- 
tion he sought to impeach. 

Judge Larwell briefly recounted the history 
of his client^s title to the property, and concluded 
by saying that the original deed, sanctified by 
time, would vindicate its authenticity. 

The plaintiff went upon the stand and estab- 
lished his lineage through Jerry O^Neil from 


102 My Mysterious Clients. 

James O^Neil, and proved that he was the only 
surviving heir of James O^Neil. Mark Miller 
then went upon the stand and told his story^ 
much as he had told it to Riggs and Horton. 
He was cross-examined by Judge Larwell^ who 
commenced by saying: believe you have 

accumulated considerable money, Mr. Miller 
** Yes, sir, I have.^^ 

Well, about how much ? 

I estimate my property at about one hun- 
dred thousand dollars.^^ 

And when you started in life you did not 
have a dollar ? 

No, sir, I earned every dollar of it myself 
The old gentleman then adroitly and skill- 
fully led him to trace his life, developing his self 
denial, his habit of saving, his denial of his 
faithful wife of the ordinary comforts of life. He 
went into the mortgages he had foreclosed, step 
by step he followed him through a grasping and 
sordid miserly life, until the one passion — the love 
of money — had swallowed up every good and 
noble sentiment that God had originally given 
him, and closed the cross-examination without 
asking him a single question about the deed. 

Horton leaned forward and whispered to 
Riggs, ** Do you think the judge expects to de- 


The Silent Witness. 


103 


pend entirely on old Miller^s avarice ? Do n^t 
worry, he has another shot in the locker. I 
asked him this morning what he thought about 
the deed, and he looked very cheerful and an- 
swered, ^ It ^s all right.^ The old man looks like 
a winner. Oh, he is game down to the floor 

The evidence for the defendant consisted 
simply of the original deed from James O^Neil to 
Robert Miller. The counsel for the plaintiff, in 
an easy flow of language, presented the strong 
points established by the evidence in favor of his 
client. He dwelt on the circumstantial details of 
Miller^s story as most convincing. It was im- 
possible that an old man like him on the verge 
of the grave would fabricate such a story. He 
was the sole witness of the transaction, he tes- 
tified positively and unequivocally that the deed 
was a forgery; his testimony was uncontra- 
dicted. His client was undoubtedly entitled to 
judgment annulling this deed. 

Judge Larwell commenced by saying that 
when the man who it was claimed had executed 
a deed and all the witnesses and persons likely 
to have information of the transaction had died 
and long years had passed, a court of equity 
would not annul the deed, excepting on the clear- 
est and most convincing testimony. The wit- 


104 My Mysterious Clients* 

ness who waits until all the voices that could 
contradict him are silenced in death before he 
speaks waits too long* He should have spoken 
before* The eloquent counsel for the plaintiff 
suggests that such a story as this to have been 
fabricated by Mark Miller is too monstrous for 
belief* I do not think so* Why^ Mark Miller^s 
whole life has been a crime against himself, his 
family and every noble sentiment planted in him 
by nature* He has sacrificed his family, him- 
self and every humane feeling to his love of 
gold* If he would see his wife pine away and 
die for the want of the common comforts and 
luxuries of life ; if he would sacrifice her for the 
love of a few miserable dollars, do you think he 
would hesitate when thousands and tens of 
thousands were in sight to fabricate a story that 
no living person could contradict ? Caleb Hunt- 
ington has been ten years in his grave* He died 
without a blemish on his reputation* Can a 
man by a few sentences destroy a reputation 
that was constructed during a long life of probity 
and honor ? Of what use, then, is a life of virtue 
and honesty if it can be swept away after death 
by a few idle words ? The testimony of Mark 
Miller is contradicted and annihilated by the 
blameless life of Caleb Huntington* The signa- 


The Silent Witness* 105 

ture of James O^Neil bears on its face the impress 
of genuineness*^^ 

The speaker dwelt on the impossibility of 
any man^s holding a dead man^s hand and coun- 
terfeiting a signature, and proceeded — but I need 
not take time to discuss these circumstances* 
^^The deed itself contains evidence that abso- 
lutely establishes its validity and stamps the 
story of Mark Miller as a pure work of the im- 
agination* The deed is in Caleb Huntington^s 
handwriting, and Miller testifies that it was 
written by him* The name James O^Neil is 
written several times in the body of the deed, 
and indorsed on the back, all in Huntington^s 
handwriting, and it shows that Huntington did 
not know how to spell the name* All through 
the deed it is spelled ^ O^Niel ^ instead of * O^Ncil/ 
the ^e^ and are reversed* On the back of 
the deed it is spelled * O^NieL^ Huntington 
could not spell that name* The signature is 
spelled correctly* O^Neil knew how to spell his 
own name, and the only place on the deed where 
it was spelled correctly is where it was signed, 
consequently O^Neil and not Huntington must 
have written that signature* O^Neil has lain 
in his grave fifty years, and now his signature 
correctly spelled comes into court and silently 


106 My Mysterious Clients* 

establishes the validity of his act* K plaintiff had 
called a hundred witnesses, this witness alone 
would rise up and silently and eloquently confute 
and confound them*^^ 

When the old Nestor started in on the dis- 
crepancy of the spelling, instantly the attention 
of every one was riveted* It was evident that 
he was leveling his heavy ordnance* As he 
proceeded conviction stole upon the entire audi- 
ence* Mark Miller turned the color of old lead* 
The plaintiff gave up his case* Riggs leaned 
back and whispered to Horton, That is a 
center shot that goes through their vitals*^^ 
The defendant, in whose pale face was written 
a care and anxiety that was pathetic, hung on 
his words with unabated interest from the com- 
mencement* Her quick woman^s wit readily 
grasped the tremendous force of the closing part 
of the argument* The judges looked as though 
they had been relieved of a painful responsibility* 
The counsel for the plaintiff endeavored to re- 
construct his shattered case* His sentences 
flowed eloquently and persuasively, but argue 
how he would he could not explain away the re- 
markable discrepancy in the spelling* 

At the conclusion of his argument the judges 
conferred for a short time, and the chief justice 


The Silent Witness* 


107 


announced the opinion of the court* The pure 
character of the attorney who drew the deed^ 
the deed itself, the signature which bore on its 
face the stamp of genuineness* The fact that 
the only place on the deed where the name was 
spelled correctly was where it was purported to 
have been written by the grantor, was evidence 
of its authenticity too strong to be overcome by 
the testimony of one witness* Judgment would 
be given for the defendant and the plaintiffs pe- 
tition dismissed* 

As Catherine Miller drove up the driveway to 
her farm-house that evening a cloud seemed to 
have lifted from the old farm, the corn and 
wheat waved gayly in the fields, the brook 
warbled a merrier tune, the quail was calling for 
his friend Bob White, and all seemed to be sing- 
ing, ^^The farm is yours, the farm is yours/^ 
When she retired to rest, for the first time in 
two months her eyes closed in peaceful and 
happy slumber. 

^^And the night shall be filled with music. 

And the cares that infest the day 
Fold their tents like the Arabs and as 
Silently steal away.^^ 


V. 


WAS IT FORGERY? 

^ 

FTER struggling along in the practice 
of the law without making much head- 
way for a number of years, Fred Hoffman took 
a fancy to me, and we organized a partnership* 
Fred was a natural genius* He had edited a 
newspaper, was a master on the stump, and 
had fathomed the depths of the tariff and finances* 
As to the law, he seemed somehow to have ab- 
sorbed all of it — ancient and modern, and when 
he appeared before a court and jury, he was 
simply irresistible* The charming part of his 
character was his absolute unselfishness, his 
utter inability to distinguish the difference 
between ten dollars and an hundred; his sym- 
pathy for the poor and unfortunate, and a dispo- 
sition to take care of them all* Whenever I got 
into trouble — which usually occurred with every 
new suit — I would run to Fred* He always 
cleared up the difficulties, and finally proposed a 
partnership, which I eagerly accepted* We 
(J 08 ) 


10? 


Was it Forgery? 

moved into very good quarters, which were 
quite commodious and decorated with the statu- 
ary and pictures of celebrated legal lights so dear 
to the heart of the young lawyer* I felt a thrill 
of pride as I walked along the street and ob- 
served in large gilt letters on our office window, 

HOFFMAN & BANCROFT, 
Attorneys-at-La^. 

Shortly after the organization of the law firm 
we were sitting in the library of our office en- 
deavoring to figure out what no mortal or im- 
mortal ever yet solved — the probable verdict of 
a jury — when our office boy introduced a heavy 
set, very genteelly dressed man, who wore a 
look of anxiety* 

Most visitors to law offices are distinguished 
in that way* He said his name was Marks — 
Elmer Marks — that he was a druggist, doing 
business in the neighboring town of Perryville* 
He then produced three notes — one for $150, 
one for $200 and one for $3,500 — executed by 
Gustave Shubreck* The note for $3,500 had a 
credit of $1,000, that appeared to have been in- 
dorsed on the back of it about a year after its 
date* He said that after this note — which was 
later than the other two — had been executed. 


no My Mysterious Clients* 

Shubreck had gone insane* That he had a 
lucid interval at the time he made the payment 
of $t,000, afterwards he relapsed, but now his 
mind seemed to be returning, and he refused to 
pay the notes, and he wanted us to commence 
suit on the same* He was extremely nervous, 
and asked us repeatedly if we thought we would 
have any trouble in collecting this paper* We 
assured him there would be no trouble about it 
at all* It was a plain, straight case on some 
promissory notes ; if there were no offsets and 
no other payments had been made, Shubreck 
could not escape paying the balance the notes 
showed to be due* His insanity could not affect 
the case* He left the case in our hands, still 
wearing the anxious look that puzzled me* 

After he had gone, I said : Fred, why does 
he bring this case from Perryville here to us ? 
There are plenty of good lawyers in Perryville, 
any law student can bring a suit on a promis- 
sory note*^^ 

** He thinks the defendants insanity compli- 
cates the case and he wants foreign counsel 
whose practice is extensive enough to cover a 
case of insanity, was the response* 

I prepared the petition and sent it down to 
Perryville, to Charlie O^Connor, the most prom- 


Was it Forgery? Ill 

inent lawyer at that place, whom we retained as 
local counsel Some time after that I happened 
to be in Perryville, and running against O^Con- 
nor, I said, Charlie, how is our case against 
Shubreck coming on ? He looked serious, and 
replied, ** The defendant has filed an answer, 
admitting liability on the two small notes, but 
putting in a general denial to the $3,500 note/^ 
You don^t mean to say that he denies that 
he made the note ?^^ 

** That is exactly what he does/^ 

Why, there is an indorsement on that note 
of $1,000, which Shubreck paid/^ 

^^Well, I don^t know,^^ he rejoined, there 
is some mystery about it that I do not under- 
stand/^ 

I hastened back to L , and lost no time 

in examining the notes, with Fred as an inter- 
ested spectator* The body of all three of the 
notes was in the handwriting of Marks* The 
signature to the two small notes was the ordin- 
ary awkward signature of a man unaccustomed 
to the pen, but seemed to have been written 
without hesitation* I was struck at once with 
the peculiarity of the signature to the $3,500 
note* It showed marks of care, as though it 
had been written slowly, and in places the pen 


112 My Mysterious Clients* 

had stopped and then started again. It resem- 
bled the other signatures, and yet it looked like 
an imitation. A startling resemblance of a down 
stroke in one letter to an up stroke in the body 
of the note caught my eye, and I was about to 
call Fredas attention to it, but checked myself. 
I reflected that the burden of the fight would be 
on Fred, and everything would depend on pre- 
serving his confidence in the case. I applied a 
magnifying glass and noticed that where one 
letter had been apparently finished, it had after- 
wards been extended to resemble the same letter 
in the other notes. Considerably depressed in 
spirits, I took the notes to the cashier of the bank 
where I kept an account. 

He examined the three notes, critically and 
slowly, laying the $3,500 no^ on the counter, 
remarked : That is a clear forgery. The man 

who wrote the body of that note wrote the sig- 
nature.^^ I felt the beads of cold perspiration 
coming upon my forehead. Three or four other 
cashiers and tellers condemned the paper. I was 
not satisfied until I consulted them all. The 
last one, who was as bright as any of them, 
questioned the correctness of his fellow experts^ 
conclusions. Of course,^^ he said, there are 
some peculiarities about this signature, but a 


113 


Was it Forgery? 

man never writes his name twice alike. His 
mind may have been diverted, he may have had 
the colic. There are lots of things that might 
cause him to halt and hesitate. This signature 
is as much like the others as they are like each 
other. I have seen some of my own signatures 
that, if I didn^t absolutely know they were 
mine, I would call them counterfeits. I would n^t 
give a Confederate ten-cent stamp for the opinion 
o£ the best expert on handwriting.^^ 

When I returned to my office I found our 
client in deep consultation with Fred. Fred had 
communicated the situation, and Marks was 
evidently very much agitated. He asserted his 
innocence, but in a manner that caused my heart 
to drop into my boots. Finally he suggested 
that perhaps we had better dismiss the suit. 

** That,^^ exclaimed Fred, would be suicide. 
You dismiss the suit and you will be indicted 
within twenty-four hours. You have plunged 
into the stream. There is no such thing as going 
back, you must cross. My God, it can^t be pos- 
sible you forged that paper ! 

^^No, sir, no, sir,^^ he faltered, ""I am innocent 
of that, but the prospect of an attack of this kind 
has unnerved me.^^ And then he continued, 
Shubreck was perfectly sane when he paid the 


1 14 My Mysterious Clients, 

$1,000; he saw it indorsed on the note and 
never disputed it, A banker by the name of 
Casler was present, indorsed it for him, and 
handed me the draft,^^ 

** Where is this Casler ? 

He is living up at Hague,^^ 

Hague was a small town about twenty miles 
from L , 

Fred turned to me, saying, Charley, sup- 
pose you go up to Hague and take this man 
Casler^s deposition,^^ 

Four days after that I was in the office of a 
justice of the peace in the village of Hague ex- 
amining Mr, Casler, Ashton Barlow, of the 
firm of Beckham & Barlow, represented the 
defense, Mr, Casler identified the indorsement 
on the note as his handwriting. He said that 
Shubreck came to him with $1,000 in currency, 
and requested him to pay it to Marks, and see 
that it was properly credited on the note Marks 
held against him; that he deposited the $1,000, 
and made a New York draft payable to Shu- 
breck^s order, which Shubreck indorsed to the 
order of Marks, That Shubreck and he went 
together to Perryville to Marks^ home, and in 
the presence of both parties he indorsed the credit 
on the back of the note, and gave Marks the 


ns 


Was it Forgery? 

draft for $ 1,000* He also testified that Shubreck 
appeared to be sensible and to understand that 
he was indebted to Marks* 

Counsel for the defendant asked the witness 
one question, Did Shubreck examine the note?^^ 
To which the witness replied, '^He did not*^^ 

I walked up and down the narrow wooden 
sidewalk of Hague, endeavoring to pump young 
Barlow, but without any result* His serene 
confidence exasperated me* For the purpose of 
drawing him out I suggested compromise* It 
would be cheaper for our client to knock off $500 
than to endure the delay, the vexation and ex- 
pense of a trial* Barlow turned and looked me 
squarely in the eyes* ^^Mr* Bancroft, if you 
would knock off $2,400 we would not give you 
$100 to settle this case* We will contest it to 
the end, and when it is finished, we will prose- 
cute your client for forgery *^^ 

Great heavens, if my client forged that 
paper, why did your client pay him one thousand 
dollars on account of it?^^ 

That will be made as clear as day when 
we come to put in our testimony at the trial*^^ 
Do you mean to say he was insane ? 

"^No, sir, I do not* He was perfectly sane 
when he paid that money, and, inconsistent as 


1J6 My Mysterious Clients* 

that may seem to you now, it will be perfectly 
reasonable when you get all the facts*^^ 

I returned to L — , and in the seclusion of 
our library presented to Fred the events of the 
trip, not omitting any of the details, and adjured 
him to untangle this web that was worrying me 
into a fever* What does it all mean if this is 
a forgery ? Why did he pay one thousand dol- 
lars and see himself that it was credited on the 
paper and take with him a witness? You can 
diognose most anything; what do you make 
out of this?^^ 

Fred sat in a deep study smoking his big 
meerschaum* At length his face cleared, and he 
looked up with an intellectual light in his eye 
that I had always recognized as the forerunner 
of a discovery* 

I have it,^^ he said* The defense to this 
case is not that Shubreck did not give Marks a 
note, but that he did not give him this note* 
That he gave him a note for a sum considerably 
smaller than this note, and after Shubreck be- 
came insane, Marks, believing that his insanity 
was permanent, forged a note for a larger 
amount, which is the note sued on* That 
Shubreck paid the one thousand supposing that 
it was being credited on the note he gave* Bar- 


Was It Forgery? 117 

low, you noticed, asked Casler if Shubreck 
looked at the note, and Casler said he did not* 
Barlow asked him no more questions* Why ? 
Because if he did not see the note the defense 
that the note has been changed is not interfered 
with*^^ 

^^Fred, your diagnosis is perfect* What are 
we going to do ? 

'^Play the hand out* No one knows the 
end of a law suit* Send for Marks and let us 
see how the defense strikes him* If he had a 
little more nerve I should feel more hopeful*^^ 

In response to a telegram Marks appeared 
next day in our private consultation room, bring- 
ing with him his wife and son, a boy about 
twelve years of age* His wife was tall and 
spare, with a cold, clear, gray eye and a puritanic 
cast of features, the general effect of which im- 
pressed me that she would see the entire uni- 
verse and the suburbs go up in smoke before she 
wouid deviate a hair^s breadth from the truth* 
She was the direct opposite of her husband* She 
inspired respect and courage, while he had the 
effect of a cold shower bath* When Fred sug- 
gested that the defendant would claim that the 
note sued on was not the note given, Marks 
gave a perceptible start, but the old lady was as 


ns My Mysterious Clients* 

calm and collected as a lion* She looked Fred 
straight in the eyes and in clear^ firm tones 
made her statement : Mr* Hoffman^ the 

money for which that note was given was my 
money* It amounted exactly to $3,500* The 
note was signed in my name, in my presence and 
in the presence of my husband and son* The 
note you have brought suit on is the same note*^^ 

This declaration electrified Fred and myself* 
We both of us felt like sounding the bugle and 
advancing to the fray* Even Marks^ courage 
seemed to raise, for he said at once, It is all 
true* This note was given as a renewal for 
another note that had been renewed several 
times before* It was her money* I have a rec- 
ord of the several notes in my books with all the 
credits, and you will see that the balance due, 
with the accumulated interest, will amount to 
just $3,500*^^ 

** This is very important,^^ Fred remarked* 
Bring us in your books ; in the meantime we 
will serve the defendant with notice to produce 
the original notes*^^ The boy made a statement 
that strengthened our case* He said that before 
Shubreck signed the note he showed him speci- 
mens of his handwriting and he requested him to 
write his name in German, which seemed to 


U9 


Was It Forgery ? 

please the old man^ and that he wrote his name 
several times in German, and wrote very slowly 
and with great pains when he signed the note* 
He was also positive that the note was for 
$3,500* 

When they had gone I expressed my perfect 
confidence in the old lady^s veracity* 

I do n^t know,^^ said Fred* Her husband is 
within the shadows of the penitentiary* She loves 
him, and my observation of women is that in 
such a situation they will do anything to save 
the man they love*^^ 

The next day we received by express the 
books of the druggist, with a short note* In the 
note there was a peculiarity about the letter e 
in the word ^Mncline^^ that attracted my atten- 
tion* It was flat on the top and leaned back- 
ward* I got the $3,500 note and compared the 
e in Gustave with the e in this letter, 
and the resemblance was perfect* I kept this to 
myself, believing that Fred would make a better 
fight the less he heard about the weak points in 
our case, and that the time had come when if I 
had any information to communicate to my 
chief it should be only that which was favorable* 
The books confirmed Marks^ statement in every 
particular* The entries were made regularly at 


120 My Mysterious Clients. 

the different dates, interspersed among other 
business items in such a manner that their 
authenticity could not be doubted. We served 
notice to produce the original notes and were in- 
formed that they had been destroyed. The 
books, then, could not be contradicted, and this 
point was safe. 

On the day of the trial the little court-room 
was packed with interested spectators from town 
and country. The jury was made up mostly 
of farmers, who had a limited experience in 
handwriting, but a great deal of practical sense 
and an honest desire to do justice between the 
contending parties. Marks told his story fairly 
well, but was quite shaky and nervous under 
the cross-examination. When his wife con- 
cluded her testimony no one in the court-room 
but the defendant and his counsel doubted but 
she told the exact truth. The cross-examination 
by defendant's counsel only strengthened and 
added conviction to the truth of her statement. 
Her son corroborated her and accounted for the 
peculiarity of the signature. 

The defendant testified that the note he gave 
was for $3,000, and he swore positively that he 
never signed the note on which the suit was 
brought. Admitted that he had paid $1,000 on 


121 


Was It Forgery? 

the note, but said he supposed it was being 
credited on the $3,000 note; as to the original 
notes, he had no recollection of the amounts or 
the credits, but he was positive as to the amount 
of this note* All of the bankers and handwrit- 
ing experts in the town to a man swore that the 
signature to this note was a forgery* Numerous 
signatures of the defendant to notes, mortgages, 
deeds, receipts and letters were produced and 
compared with the one in question, and while 
they were not like it, I noticed that no two of 
them appeared to be alike* 

The defendants doctor testified as to his pa- 
tient^s mental condition and health, and admitted 
on cross-examination that insanity would cause 
a change in its subjects handwriting* This 
was a good point scored for us* The argument 
was opened very quietly by myself, followed by 
Barlow and Beckham, who rung all the changes 
on the peculiarities of his signature, its similarity 
to the body of the note, the conclusive nature of the 
judgment of ten experts, and wound up with a 
denunciation of the perfidy of a man who, not 
satisfied with his principal and interest, would 
deliberately attempt to rob a fellow-citizen at a 
time when his reason was blighted and he was 
incapable of protecting himself* 


122 My Mysterious Clients. 

Fredas concluding argument was a master- 
piece. He dwelt on the clear and convincing 
testimony of Mrs. Marks^ the manner and ut- 
terance that were the signet of truth ; the cor- 
roborative statement of the boy that accounted 
for the peculiarity of the signature ; the effect of 
insanity on handwriting; showed them the 
different signatures that were admitted to be 
genuine; called attention to the fact that they 
were as different from each other as they were 
from the one in dispute. He traced the original 
notes and the renewals, showing conclusively 
that the last note was the sum of the originals 
and the accrued interest. As he was pursuing 
this part of his argument, I noticed the defendant 
listening to him very closely, and a gleam of in- 
telligence suddenly brightened his face. He 
interrupted the speaker : ** Hold on, Mr. Hoff- 
man, I remember it all now. The note was for 
$3,500. It all comes back to me. There is no 
use going any farther.^^ 

** With this case,^^ Fred responded, as long 
as the defendant admits in open court his liability 
I do not see why I should have anything more 
to say.^^ 

The defendant's counsel muttered something 
about their client^s not being responsible for what 


123 


Was it Forgery? 

he said. The court said that if he was capable 
of going upon the stand and testifying^ his state- 
ment^ now that his memory had been awakened^ 
should be accepted, and the case was re-opened, 
and his statement would go on the records as a 
part of the testimony in the case. 

The jury rendered us a verdict without leav- 
ing the box. A number of them told me that 
the verdict would have been the same without 
the old gentleman^s confession. That they 
could n^t see but that this signature was as good 
as any that had been admitted to their inspection. 

A few days after that Marks called to see 
me in my private office. After carefully shutting 
the door, he said: have something to tell 

you. I must tell some one, and have concluded 
to tell you. That note was not signed by Gus- 
tave Shubreck.^^ 

What do you mean 1 almost shrieked. 

^^Wait a minute, it is not as bad as you 
think. Shubreck gave me a note exactly similar 
to this of the same date. That note was de- 
stroyed by fire after he went insane. I did not 
know then as I know now that I could sue on a 
lost note the same as though I had it. I sup- 
posed that I would have to produce the note 
against an insane man or lose my claim. So I 


124 My Mysterious Clients* 

drew a note exactly like the original, and made 
the best counterfeit I could of the signature* Re- 
member, I tell you this in the confidential rela- 
tions of attorney and client, and tell it to you be- 
cause I feel instinctively that somehow you have 
divined that this signature was a counterfeit* I 
expect you think I am a pretty bad man*^^ 

I noticed the same troubled expression on his 
face I had observed when I first saw him* Re- 
morse had been feeding at his heart ever since 
he counterfeited his debtor^s signature* I knew 
the medicine he wanted and determined to give 
it to him* Why, no, Marks, I do not think 
you are a bad man* If you had made that note 
for one dollar more than was coming to you, 
you would have been a criminal* But you did 
not do that, you simply undertook to secure 
your own* Whatever the nature of your act it 
wronged no one, and if it was not exactly right, 
you have certainly fully expiated it* I would 
never think of it again*^^ His face brightened 
into the first smile I had seen since I became ac- 
quainted with him* He left the office like a man 
from whom a great burden had been lifted* 

We lawyers, I mused, sometimes practice 
medicine as well as law* 


VI. 

THE UNEXPECTED WITNESS.’ 


^ ^ ^ 

^ ^ OOD-BYE, Buster ; good-bye^ wifie/^ 
The speaker was a tall^ handsome 
man of thirty-five* His lithe, muscular figure, 
clad in woolens stained with coal smoke, and 
his bright, frank face, from which the coal dust 
had been recently scoured, clearly indicated the 
nature of his occupation — the railroad engineer* 
He stood in the doorway of the cottage, and was 
in the act of tossing a plump boy of three years 
of age to the ceiling and catching him on his 
return, to the great amusement of the youngster 
and the consternation of the mother* 

Good-bye, Ed, and do be careful*^^ 

Never fear, Mary, I have run an engine 
fifteen years without an accident* The com- 
pany trusts me with the ^ Limited^ because they 
know I am careful*^^ 

Ah, yes, Ed; but how was it with your 
brother, at Cliffton ? He was careful, and yet 
he was killed*^^ 


’•■‘This story appeared originally in “Every Month,” in July, 1897, and is 
republished by permission of that magazine. (125) 


126 My Mysterious Clients. 

Don^t worry^ my dear ; there are no such 
curves on my run. We stop now at the meet- 
ing places before crossing the switches. I steady 
down at the curves and obey all the rules to the 
letter. FlI come back all right, as I have a hun- 
dred times before. Good-bye, sweetheart,^^ and, 
pressing the wife and child in a farewell em- 
brace, he turned and proceeded at a swinging 
gait, through the dusky shadows of the gather- 
ing evening, down the street. 

A short walk brought him to the railroad 
yard, where a large ten-wheel Brooks engine, 
harnessed to an express and four vestibule sleep- 
ers, stood quietly, emitting little fringes of smoke 
from its stack. The bright headlight shot its 
glare along the track; the fire glowed from be- 
neath the engine, and the steam escaped in a 
sputtering mist from the valves — all telling of 
the repressed energy that only waited the hand 
of the master to send this train flying over its 
steel course at the rate of sixty miles an hour. 

** Hello, Jack ! Fired up, I see.^^ 

Yes, Ned; we^re all ready to start. 

The engineer grasped the handhold and 
lightly sprang into the cab. He opened the 
throttle, reversed the lever, the train moved 
slowly back to the station. The passengers 


The Unexpected Witness* 127 

hurried into the coaches, and, at a word from 
the conductor, the iron monster moved forward, 
slowly at first, gradually increasing its speed 
until it moved along the track at the fearful 
velocity that had made it famous* The farmer, 
hearing the sound, peered through his window 
and saw the blazing headlight, the sparks fly- 
ing from the smokestack, and the illuminated 
coaches pass like a bright vision into the dark- 
ness of the night* 

'^We^re coming to the Bay Bridge; it is 
being repaired* I guess Fll slow down,^^ re- 
marked the engineer, placing his hand on the 
throttle and moving the lever* The speed of 
the train slackened perceptibly as it thundered 
across the bridge* 

The fireman threw open the doors of the 
furnace, disclosing the molten, liquefying mass 
of burning coal that threw out a fierce light and 
heat, and gave a wierd and plutonic effect to the 
cab* This was increased when he dashed his 
shovel into the coal and flung repeated supplies 
of that fuel with a rasping ring into its lurid 
receptacle* The lever was moved forward* the 
throttle opened, and the quivering locomotive 
sped along at its accustomed momentum* Farm- 
houses, clumps of trees and watercourses rose 


128 My Mysterious Clients. 

to their view and disappeared like the phantoms 
of a dream. 

The son of the President of the road was 
sitting comfortably in a plush-cushioned seat of 
the smoking saloon in the rear sleeper. Oppo- 
site to him, in a half-reclining position, was his 
friend. They were both smoking and drinking 
champagne. The rest of the passengers were 
snugly tucked away in their berths, and these 
two young friends had about exhausted the 
topics of the day, including the momentous polit- 
ical situation, upon which they had expressed 
their convictions with a profundity that would 
admit of no contradiction. 

I say, Charley remarked the friend, watch- 
ing the curling wreaths of smoke, does it ever 
occur to you when you are traveling on one of 
these lightning trains that at any minute you 
might have a collision 

Never, while Ned Moreland is at the helm. 
He has been a Bay Shore engineer for fifteen 
years and has never had an accident. He con- 
tends that if every one obeys the rules a casualty 
is impossible. He obeys them strictly, and to 
that he attributes his clean record. Besides all 
that, his habits are perfectly correct. He never 
touches alcoholic liquor of any kind.^^ 


The Unexpected Witness* 129 

If he was to meet with an accident, with his 
careful habits, he would probably have a good 
claim against the company ? 

No ; for the reason that the accident would 
be the result of the carelessness of some other 
employe who was either subordinate to or on a 
level with him, and what is called in law ^ the 
doctrine of fellow-servant^ would apply* If a 
brakeman or fireman gets hurt he can perhaps 
put the fault on the conductor or engineer, and 
hold the company on the ground that these offi- 
cers standing between them and the company 
represent the company* But the conductor and 
engineer, having no superior on the train, can- 
not hold the company unless there was some 
defect in the cars or track*^^ 

I think that is very unjust*^^ 

So do I, but a railroad company has to in- 
sist on all of its legal rights, and never makes 
any allowance for sentiment* I believe I will 
turn in*^^ 

At this time the train was nearing the station 
known as Duquesne* Moreland was sitting on 
the engineer's cushion on the right of the cab, 
and the fireman on the left, both of them alert 
and straining their eyes along the illuminated 
track to the point where the rays of the headlight 


130 My Mysterious Clients* 

faded into the darkness* The engine shook and 
throbbed along its course^ now running in a 
straight line, again winding around a curve, the 
ringing of the wheels, muffled on the solid em- 
bankment, sending out a sharp click as they 
crossed a culvert, and a hollow rumble as they 
traversed a yielding bridge* 

Duquesne is just ahead of us,^^ said More- 
lang, getting down from his seat, and we will 
have to shut her down to thirty miles an hour, 
according to rules*^^ He shut off the steam and 
pulled the lever* The speed of the trrain was 
reduced from sixty to thirty miles an hour* 

As they passed around the bend that led into 
the station the engineer looked eagerly for the 
signals* The white light on the semaphore in- 
dicated that the way was clear and he could 
safely go ahead* A man on the platform was 
swinging his lantern as a signal that all was 
well, and that he could let her go* Moreland 
opened the throttle and threw the lever forward* 

The next instant his blood was frozen by the 
cry of the fireman, My God, there are cars on 
the track and with one bound he flung him- 
self from the engine* 

A vision of the passengers sleeping in the 
vestibule cars flitted through Moreland^s brain* 


The Unexpected Witness. 13 J 

With one hand he grasped the throttle and the 
other the lever. Never was the steam shut off 
and the engine reversed more suddenly or with 
more certainty. While he was still accomplish- 
ing this feat, crash went the engine into the cars 
with a sound like the bursting of thunder and a 
shock that brought the train to a standstill and 
caused the locomotive to be thrown from the 
track and turned completely around, so that 
while it had been headed to the east it now 
pointed to the west. 

Moreland went down in the roar and rattle 
of clashing metal — the picture of his wife and 
child and cottage fading with his consciousness. 
In a moment the passengers from the train and 
the people in the neighborhood, attracted by the 
terrific noise, were gathered about the wreck. 
Where is the engineer ? 

Under the tender.^^ 

^Ts he killed 
Can ^t tell yet.^^ 

Men with crowbars and shovels scooped the 
earth from under the prostrate engineer until a 
space was made that permitted them to drag 
him from beneath the wreck. His clothes were 
drenched with water that had escaped from the 
tank. His black hair clung, wet and disheveled. 


J32 My Mysterious Clients* 

to a broad forehead^ white and cold as marble ; 
his eyes were closed and his body limp* 

Poor fellow^ to be deluged with water at 
such a time*^^ 

That ^s all right/^ said the man who was 
feeling his pulse; ^^that probably saved him*^^ 
He placed his hand on his heart and breathed a 
sigh of relief* ** He is not dead^ and while there 
is life there is always hope*^^ An exclamation 
of gratitude to the Almighty went up from the 
assembly with one voice* For one moment the 
rich passenger^ the poor switchman and night 
watchman were on a perfect level* The social 
barriers raised by a sordid humanity were swept 
away, and, brief as the lightning in the collied 
night,^^ the real brotherhood of man and the true 
nobility of human nature were revealed* 

Fred Hoffman and Charles Bancroft, lawyers 
and specialists in damage suits against the rail- 
roads, were sitting in their comfortable consulta- 
tion-room discussing the business outlook and 
recalling the humorous and dramatic incidents of 
legal conflicts that furnish an inexhaustible fund 
of interest and entertainment to a lawyer* The 
office boy introduced a lady* She was neatly 
dressed, pale, with the wearied expression that is 


The Unexpected Witness* 133 

the result of days and nights of vigil beside a 
loved one whose life has been for months hang- 
ing in the balance* 

Her story was soon told* She was the wife 
of Ned Moreland^ who was injured in the wreck 
at Duquesne* His hip and pelvis bones were 
crushed* Six months had passed since he re- 
ceived his injuries, and he was still stretched on 
a bed of suffering* He would probably be able 
to sit up and get around in time, but would re- 
main a helpless invalid and cripple for the rest of 
his days* Their little earnings were nearly 
gone* The mortgage on their home, that they 
had been bravely reducing for so many years, 
was now accumulating interest* They could 
not even pay the taxes* 

Have you made any effort to settle with the 
company ? Hoffman inquired* Not one of 
them ever came near us to inquire how Ned 
was,^^ she replied* ^^At last I wrote to the 
Superintendent explaining to him our condition 
and inquiring what they proposed to do, and 
here is his answer*^^ 

Hoffman took the type-written letter and 
read: 


J34 My Mysterious Clients* 

Mrs* Edward Moreland : 

Dear Madam — Your favor received* Our 
counsel, who has investigated your husband^s 
case, advises us that there is no legal liability on 
the part of our company for the injury he has 
received, and we are, therefore, unable to do 
anything for him* 

** Very truly yours, 

^^John Newland, 

** Gen^l Manager Bay Shore R. R*^^ 

Hoffmanns eyes burned as he muttered. 
The cold-blooded ingratitude of a corporation ! 

Hoffman and Bancroft knew all about the 
case. They had read the full particulars in the 
newspapers; had surmised that the case would 
probably come to them, and had endeavored 
vainly to figure out some theory on which it 
could be successfully prosecuted. The opinion 
of the young gentlemen in the smoker immedi- 
ately prior to the collision was the correct 
interpretation of the law. 

A conductor of a freight train had run some 
cars in on a side track at Duquesne that struck 
some cars standing there, causing them to run 
down the side track on to the main track. The 
accident was clearly the result of the careless- 


The Unexpected Witness* 135 

ness of the freight conductor* The freight con- 
ductor was a fellow-servant of Moreland^ and 
the company^ therefore^ was not liable* This 
was the opinion of the company's attorney^ and 
was the opinion of Hoffman and Bancroft* This 
conclusion^ however^ they had not the heart to 
tell the lady* The future was black enough to 
her already^ and to absolutely close out all hope 
was more than their humanity could stand* 
They talked to her soothingly^ reminded her of 
the uncertainty of all litigation, promised to in- 
vestigate the case and do everything they could 
to secure her husband the compensation he so 
richly deserved* 

After she had gone they fell to discussing the 
case, Hoffman commencing, ** There was never 
a better case for damages and a weaker one for 
liability* It is always the way; you have a 
good, strong case of negligence against the com- 
pany, and the man will have had his finger 
pinched* If the victim is completely smashed up 
and both legs cut off, it is occasioned by the negli- 
gence of a fellow-servant* Do you remember 
anything about the switches, Charley? Were 
they left open ? 

^^No; both switches were found to be set 
after the cars had run through them* They 


136 My Mysterious Clients* 

were set and locked^ and the cars had forced 
their way through them, breaking the switch 
bolts; besides all that, the switchman was a 
fellow-servant of Moreland, so that his careless- 
ness would not have helped us*^^ 

^^That is true; but there should have been 
a derailing switch that would have thrown the 
cars off on to the ground instead of the main 
track*^^ 

** That won^t help us ; the derailing switch 
is a new invention, and the company is not 
bound to adopt all the new and useful inven- 
tions as fast as they appear 

^^They should have had a watchman to 
see that the track was clear at this point*^^ 

^Tf that is true, they should have had a 
patrol along the entire track to see that obstruc- 
tions did not get on to it* That won^t go ; the 
law does not require any such care from a rail- 
road company* No; I have gone over the de- 
tails of the case a hundred times, and I always 
come back to the same point* The carelessness 
of the freight conductor caused this calamity, 
and for it the company is not liable*^^ 

'T tell you what you do, Charley,^^ said 
Hoffman* Go and see Moreland, get all you 
can from him; go to Duquesne, examine the 


The Unexpected Witness. 137 

tracks, talk to the telegraph operator, get all the 
information possible, and then commence an 
action, alleging, generally, a defective condition 
of switches, tracks and cars. It is possible that 
the brakes were defective on these cars, and we 
will trust to Providence to help us out. It can- 
not be possible that this faithful engineer has 
ridden into the jaws of death, wrecked his life 
to save the property of the company and the 
lives of passengers, and the law will shut him 
out from all redress. The court and jury will 
be with us, and if there is a pin hook to catch 
on to will take hold of it and pull us through.^^ 
^^That is all right, Fred; but look at the 
other side. Both this man and his wife, and 
every man on that road believes that this case 
is perfect — that anybody can win it. You can 
talk fellow-servant to them until you are blind, 
and they will not understand it. They will 
simply say that this engineer was on time, run- 
ning his train according to rules, and ran into 
some cars that the company permitted to be 
there, and, of course, the company is liable. If 
we try this case and lose it, as we certainly will, 
it is an end of our damages business. I would 
rather some other lawyer would take a hand at 
it.'' 


138 My Mysterious Clients* 

My dear fellow^ persistent work will ac- 
complish anything* Get up the facts and the 
petition^ and trust to Providence* If ever there 
was a case for Providential interference^ this is 
one* 

All right, if you insist on it* You want to 
commence praying at once for Divine assistance, 
for I assure you we need it* FIl rake the railroad 
about Duquesne with a fine tooth comb, and if 
there are any favorable facts concealed in that 
country I will find them*^^ 

Bancroft called on Moreland, and found him 
wasted and emaciated with six months of con- 
finement and suffering* Buster sat at the foot 
of the bed, looking wistfully at his pale papa 
and dreaming of the times when they frolicked 
and he tossed him in the air* The sick man 
was the most hopeful one in the house, and 
talked cheerfully of the future* The conscious- 
ness that he had fallen at his post in the faithful 
performance of his duty, gave him a confidence 
in his case that caused Bancroft to shrink from 
discussing it* 

trust you will not have to lie here much 
longer*^^ 

Oh, no ; I am gaining strength every day, 
and looking forward with pleasant anticipations 


The Unexpected Witness* 139 

to the time when I can sit in a rocking chair and 
watch the carriages go by*^^ 

Bancroft's eyes filled with tears^ and he in- 
wardly resolved that he would ransack the law 
and the facts until he found some way to save his 
client from the horrors that poverty would entail 
on a man in his condition* His confidence in 
the ultimate justice of the law^ as applied to his 
case^ was a part of the simplicity and heroism 
of his nature* It was as natural for him to be- 
lieve in it as it was to stand by his engine when 
it was imperiled* He had performed his duty 
and suffered* The law would perform its duty 
to him* It was useless to try to explain the real 
situation to a man of his temperament^ and 
Bancroft did not undertake it* His wife^ at his 
dictation, had written a very full account of his 
last trip, with all the details and points that his 
experience could suggest* This, with such facts 
as he drew from him, gave Bancroft a pretty 
complete knowledge of the case* But he had 
not yet found the one thing he wanted — some 
act of negligence of the company that had con- 
tributed to the accident* 

The next day Bancroft visited Duquesne, 
and very carefully went over the side tracks, the 
switches and main track, cross-examined the 


140 My Mysterious Clients. 

telegraph operator and the hangers-on of the 
station, but all without any result. 

He returned home very much discouraged, 
drew a petition which was a kind of a drag-net, 
charged all kinds of negligence on the part of the 
company, and defective condition of the tracks, 
switches and cars. 

Hoffman pronounced the petition good. The 
damages asked for were large enough to cover 
all contingencies, and were placed at $50,000. 
The petition was filed, and the first gun fired. 
The newspapers announced the fact in flaming 
headlines, and Moreland^s friends congratulated 
him as though the suit were already won. 

The days, weeks and months rolled by, 
until the case was on the assignment for trial 
and only one week off. Hoffman and Bancroft 
had studied, and revolved and turned over the 
facts and law in their case without finding the 
essential link that had been missing from the 
start and left it as weak as a broken chain. 
Bancroft had made repeated visits to Duquesne, 
and interviewed every one that knew anything 
about the casualty, but all with the same results. 

** There is no use, Fred; we have not got a 
case. The conductor was to blame, he is the 
only one to blame, and you cannot put it on to 


The Unexpected Witness. 141 

any one else. The more you investigate the 
stronger this position becomes.^^ 

do not believe you/^ replied Hoffman. 
** Down at the bottom the company is to blame. 
At present everything points to the conductor^ 
but in the excitement of the trial facts will de- 
velop that you have not dreamed of that will 
show liability on the part of the company. Do 
you know where the road-master is ? 

Yes^ he has left the company and is run- 
ning a hotel at Georgetown.^^ 

Go down to Georgetown and see him. If 
he has left the company he will be disinterested^ 
and will be willing to help us.^^ 

That evening Bancroft registered at the 
hotel in charge of Clement Orville, formerly 
road-master of the Bay Shore. After supper he 
invited the proprietor to join him in a smoke, 
and the two were soon seated and engaged in 
conversation. Bancroft presently found that 
although Orville was no longer road-master he 
was still as shy of doing anything adverse to the 
Bay Shore as he would be if he was still in its 
service. The hotel business was not a success, 
and he wanted to regain his old position. The 
Bay Shore men put up at his hotel, and it would 
not do to offend the company and lose this trade. 


142 My Mysterious Clients, 

Bancroft brought all his persuasive eloquence to 
bear on him to induce him to disclose or con- 
struct some theory on which the casualty could be 
explained, either in a defective condition of the 
tracks or of the cars that ran off the tracks. 
Pictures of Moreland lying sick in his cot- 
tage, and the poverty and distress that awaited 
him ; appeals to him as a brother railroad man, 
all had no effect, although at times he appeared 
to hesitate and relent. 

There is no use talking, Mr, Bancroft ; the 
freight conductor was to blame for that accident ; 
you know that as well as I do. If that lets the 
company out, why, out they go,^^ 

Bancroft saw that there was no use in talk- 
ing to him. Evidently he had been coached by 
the company on this very point. He and the 
rest of the employes had been instructed to sing 
one song — the refrain of which was the con- 
ductor was to blame,^^ Bancroft noticed a small 
man with sharp black eyes and curly black 
hair, listening attentively to their conversation, 
and asked Orville who he was, 

** He is a Frenchman, a section hand on the 
road. His name is Navarre, It is just as well 
not to say anything to him, as he would probably 


The Unexpected Witness. 143 

put the company on to what you are trying 
to do.^^ 

My train will be here in a few minutes. If 
anything occurs to you that would help us, for 
God^s sake give us the benefit of it. If you can- 
not do anything yourself you may be able to do 
something through someone else, and the com- 
pany never be the wiser. Remember, the trial 
comes off next Thursday, and if you know any 
fact that ought to be disclosed and you keep it 
concealed, and Moreland loses his case on ac- 
count of it, the responsibility will be something 
terrible.^^ 

Orville winced at these words and seemed 
plunged in deep thought. The whistle blew, 
and Bancroft shook the road-master^s hand with 
an eloquent pressure, and hastily made his way 
to the train. 

The Judge was seated on the bench, and 
twelve good men and true were sitting in the 
jury-box waiting to hear the celebrated case of 
Moreland vs. the Bay Shore R. R. Co. 

At one table, a bald-headed, fussy old lawyer, 
by the name of Oglivee, was sitting deeply en- 
gaged in some maps and a cartload of books 
that were scattered on the table. The old fellow 


J44 My Mysterious Clients. 

appeared quite serene^ and looked like a victor. 
Our friends Hoffman and Bancroft occupied 
seats at another table. Immediately back of them 
were the plaintiff^ his wife and child. 

The wife^s face bore the same expression of 
anxiety and suffering that had marked it from 
the time her husband was injured. Moreland^s 
pale face expressed the calm, confident look that 
Bancroft had observed when he had interviewed 
him at his home, and the revulsion that would 
take place in case of defeat was something he 
hardly dared to think of. 

Hoffman was white, but collected and deter- 
mined. He had marked out his course and 
would follow it until the opportunity which he 
hoped for would present itself, when he would 
seize it and save the day. 

The case was presented by Hoffman as laid 
in the petition — the heroic facts brought out 
strong, with general charges of negligence on 
the part of the company in the construction of 
its tracks and cars. To the mind of the jury the 
case against the company was perfectly clear; 
but the judge saw at once its weakness and be- 
came anxious, for the simple and heroic charac- 
ter of the plaintiff and the injury he had received 


The Unexpected Witness. 145 

had, in spite of himself, warmly enlisted his 
sympathy. 

The counsel for the company went right to 
the gist of the case. They might call in wit- 
nesses from the land and spirits from the vasty 
deep — they could not change the living fact that 
the accident was occasioned entirely by the 
carelessness of the freight conductor, and for 
that the railroad company was not liable. He 
expected, at the close of the plaintiff^s testimony, 
to ask the court to take the case from the jury, 
which the court would be compelled to do if 
the evidence was as he had foreshadowed it. 
Moreland looked at his lawyers with a smile 
which said, What rot all that is.^^ They re- 
plied with a reassuring smile, which concealed 
the fear that was trembling in their hearts, and 
was received with satisfaction by the jury, who 
were already captured by the sentiment and nat- 
ural justice of the case. 

Moreland went upon the stand, and, in a 
simple and unaffected manner, told his story. 
When he had finished, the eyes of many in the 
court-room were wet. The judge asked him a 
number of questions, giving him an opportunity 
to show any defect that might have existed in 
the engine ; but there was none. It was in per- 


146 My Mysterious Clients, 

feet condition, and it had been his pride to keep 
it so. He was incapable of telling an untruth 
about anything, much more so about his engine. 
The judge breathed a sigh, and called the next 
witness. The fireman who had escaped with 
life, the passengers whose lives Moreland had 
saved, the telegraph operator, all testified, and 
the case was in the same condition it had been 
all along. 

The judge looked down at the counsel for 
plaintiff with a glance that betokened sympathy, 
but a sympathy that was powerless to help. 
They saw that he recognized the trouble in the 
case, and that he did not see how they were 
going to escape. 

If he would only force the other side to put 
on their witnesses we might make something 
out of them,^^ Hoffman said to his partner, I 
am afraid he won^t do it ; but we might suggest 
it when the counsel for the road moves to take 
it from the jury. If he does not give us that 
chance we are gone,^^ 

Just then Bancroft felt a touch on the shoul- 
der, Looking around, he saw the little French- 
man he had met in the hotel at Georgetown, 
His face was working, and his sharp, little black 
eyes were burning with excitement. 


147 


The Unexpected Witness* 

Put me on the stand/^ he said. 

** What can you testify to ? 

I testify all right. Put me on witness.^^ 

Bancroft whispered to Hoffman^ He is a 
section hand for the company. He may be able 
to help us.^^ 

Put him on the stand and let us hear what 
he has to say. He certainly can^t hurt us. Noth- 
ing can hurt this case.^^ 

Francis Navarre may be sworn. Take 
the witness stand.^^ 

What is your occupation ? 

** I work on the section for the Bay Shore.^^ 

Do you remember when Ed Moreland was 
hurt at Duquesne?^^ 

Yes, sir.^^ 

Where were you at that time ? ** 
was at Le Came, twenty miles away from 

there.^^ 

When were you at Duquesne prior to that ? 

^^Two days before he was hurt I was at 
work at Duquesne.^^ 

Here Fred Hoffman became all attention, his 
eyes devouring the witness. 

Well, what work did you do at Duquesne ? 

** I moved the side track from the place where 
it used to be to where it is now.^^ 


J48 My Mysterious Clients. 

Go ahead, and tell just what you did/^ 

** I moved the side track about four feet and 
laid it on a grade that was considerably higher 
than the one it rested on before/^ 

^^Are you able to state just what the grade 
was that you placed this side track on ? 

Yes, sir, I made measurements; it was at 
a grade of one foot in one hundred/^ 

How does that compare with the usual 
grade of side tracks that lead to main tracks ? 

It is very much higher/^ 

^^And what is the effect of a grade of this 
character on cars that are left upon it 

If they are once started they get so much 
speed that they will run through the locked 
switches on to the main track/^ 

Will this happen if the track is laid at the 
usual grade ? 

^^No, sir/^ 

Did you see this side track after the acd- 
dent ? 

Yes, sir/^ 

** What was its condition ? 

The same as when I left it ; both switches 
were locked, and the switch bolts broken/^ 

** Did you inform the company of the condi- 
tion of this grade before the accident ? 


The Unexpected Witness. 149 

** Yes, sir ; I telegraphed the road-master, and 
he telegraphed me to lower it after I had com- 
pleted my work at La Carne/^ 

During the examination Fred Hoffman was 
taking notes and mopping the perspiration from 
his face, that was perfectly radiant. He beamed 
on the Judge, who was beaming on the witness. 
The jury, who had never dreamed of the des- 
perate straits into which the case was driven^ 
knew that testimony was coming out that, for 
some reason or other, was an absolute clincher 
for the plaintiff. Bancroft was so excited that 
he could scarcely conduct the examination. 

When he had concluded, Hoffman squeezed 
his arm and whispered, Providence came to 
our rescue after all.^^ 

^^Yes, and when He does interfere. He 
does n^t make any half-way job out of it,^^ replied 
Bancroft. 

The astute counsel for the railroad company 
cross-examined the witness closely and rigidly, 
but only made it perfectly clear that the company 
had been grossly careless in using a track, the 
grade of which was not properly leveled for 
storing the cars, and exposing its employes and 
passengers to the dangers of a collision. The 
case was perfect. 


J50 My Mysterious Clients* 

From this time on the trial was a child^s 
play* Bancroft opened the case for the plaintiff ; 
Ogilvee followed, and Fred Hoffman closed in 
one of those magnificent efforts for which he 
was famous* He traced the brave engineer 
from the time he had started with his en- 
gine down to the collision with such vivid 
power that the court and jury practically took 
the ride with him* He portrayed the scene of 
the collision with his hero at the throttle, in such 
a manner that it thrilled and captivated his hear- 
ers and caused the heart of the railroad com- 
pany's attorney to sink with fear* He brought 
all the artillery of his eloquence to bear on the 
question of damages* 

One point alone made a verdict secure for 
all that he could possibly claim* He said: 
** The company can well afford to pay to the last 
cent for all the damages it has caused its en- 
gineer* At the sacrifice of all that is worth 
living for, he has saved them four Wagner cars 
that alone are worth $50,000, not to mention the 
lives of the passengers, that are beyond price*^^ 

The jury were out two hours, and returned 
with a verdict for the plaintiff of $20,000* 

The case was afterwards taken on error to 
the Circuit and Supreme Courts and the judg- 
ment unhesitatingly affirmed* 


VII. 

THE GROOVED BULLET. 


CHAPTER I. 

H N a bright morning in May, in the year 
18 — , Charles Bancroft, attomey-at-Iaw, 
was striding along the main street in the town 
of Lyons on his way to his office* His mind 
was occupied, as it usually was at that hour, 
with anticipations of the day^s business* What 
would the mail contain? What new cases? 
What novel legal problems would present them- 
selves that day ? He was the first of the office 
force on the ground* He turned the key and 
opened the door* 

The floor was covered with letters and news- 
papers that had dropped through the mail receiver* 
He picked up an extra edition of the Lyons 
Daily Morning Argus* Heavy headlines caught 
his eye that riveted his attention and froze his 
blood* Glancing down the headlines and 
through the article, he was in a moment in pos- 

(I5J) 


152 My Mysterious Clients* 

session of the details of a tragedy that would 
shake the little town of Lyons to its foundations 
and excite interest and wonder throughout the 
country* 

This is what Bancroft read while standing 
in the midst of his morning^s mail : 

HORRIBLE DOUBLE MURDER! 

Rose and Mary Selden Assassinated at 4 O" Clock 

This Morning. Jack Dunning Under Ar- 
rest for the Crime. 

** The most shocking crime in the history of 
Lyons was perpetrated at the home of Rose 
and Mary Selden, on Gay street, at 4 o^clock 
this morning* At that time, while Samuel Car- 
son, a drayman, residing next door, was curry- 
ing his horse, he was startled by the report of 
a pistol in the house of the Misses Selden* He 
tried the front and kitchen doors, and finding 
them both locked, climbed a tree that stood close 
to the side of the house, and from its branches 
entered a window, which was open, into the 
bedroom of Mary Selden* The scene that met 
his view thrilled him with horror* 

Mary Selden was lying in her night clothes 
on her bed apparently asleep, but stone dead* 


The Grooved Bullet* 153 

Rose Selden was stretched on a couch on 
the opposite side of the room completely dressed^ 
with blood streaming from a wound in her side 
that had been made by a ball from a thirty-two 
caliber revolver. Carson aroused the domestic^ 
who had not been awakened by the report, and 
called Dr. McKenzie, who lives within a few 
blocks of the home of the unfortunate ladies. 
The doctor^s examination disclosed that life was 
extinct in both cases. The bullet had passed 
through the heart and body of Rose, and her 
death was undoubtedly instantaneous. No 
marks of violence appeared upon the person of 
Mary Selden, and the doctor gave it as his opin- 
ion that she had been suffering from heart dis- 
ease, and the shock of being suddenly awakened 
and of witnessing the murder of her sister, 
caused her death. 

A small safe in the room in which the young 
ladies kept their valuables and a considerable 
sum of money, was standing open, but neither 
the money nor the valuables had been taken. 

The room in which the murder was com- 
mitted was on the northeast side of the house, 
on the second flooro All the lower doors and 
windows were found to be locked and fastened. 

^'Clearly the murderer had scaled the tree 


154 My Mysterious Clients* 

that stands close to the house and entered Mary 
Selden^s room through the window that she 
was accustomed to leave open at this season^ 
and by this window he had made his escape^ 
for on the ground^ at the roots of the tree^ was 
found a revolver with one chamber empty, and 
the deep imprint of a shoe, indicating that the 
owner had dropped some considerable distance 
to the ground* 

** The revolver was recognized as the prop- 
erty of Jack Dunning, the well-known insur- 
ance agent* Dunning was found at the depot 
waiting for the 4:25 train, which was fortu- 
nately late, and which he admitted he expected 
to take* Herman Keck, the city editor of the 
Argus, says he was returning home from his 
night^s work upon the paper, when he saw Dun- 
ning coming rapidly from the vicinity of the 
Selden^s house at three minutes after four* He 
is positive as to the time, for when he saw him 
coming he thought that he was on his way for 
the 4:25 train, and looked at his watch to see 
how much time he would have* He noticed 
that he was quite pale and nervous* Dunning 
was arrested and is now in the custody of the 
sheriff at the jail* Mr. Dunning is the last per- 
son that any one in this community would sus- 


The Grooved Bullet* 


155 


pect of committing a crime* He has been one 
of the most successful of our young business 
men^ has borne an unsullied reputation for in- 
tegrity and fair dealings is universally popular^ 
his only fault being a disposition at times^ when 
in the society of convivial friends^ to indulge too 
freely in intoxicating liquors* The case looks 
pretty dark for him at present^ but we recom- 
mend a suspension of public opinion until the 
facts are fully developed*^^ 

Bancroft gathered up his maib sat himself 
down^ and^ after recovering from the first shock 
produced by the tragic news^ reviewed and 
summed up the situation* 

Rose and Mary Selden were twin sisters^ 
about twenty-five years of age* Mary was frail 
and delicate^ while her sister was blessed with 
good health and good looks* John^ or Jack 
Dunnings as he was familiarly known, had been 
a devoted admirer of Rose for years, but she 
had persistently and peremptorily rejected all his 
attentions* Many believed her love for her twin 
sister precluded any other affection* 

Jack Dunning was a tall, slim, black-eyed, 
clean-faced, handsome young fellow, with a 
laughing eye and good-natured wit that made 
him friends with every one* He was incapable 


156 My Mysterious Clients* 

of such a crime, but then he was in love with 
Rose Selden, and she had persistently dis- 
couraged him, and no one can tell what baneful 
results may not be wrought by disappointed love* 

But the man who killed Rose Selden was in 
the act of committing a burglary* The doors of 
the safe were open; nothing had been taken 
from the safe, it is true, but that simply showed 
that the robber had been interrupted while in the 
act of securing his booty by the appearance of 
Rose and had fired his pistol and killed her, and 
fearing an alarm sprang through the window 
and made his escape* The murderer was a 
thief* Jack was the soul of honor; he cared 
too little for money to steal it* That had been 
his great trouble; he was altogether too free 
with his money* And this suggestion started 
another train of thought* Could it be that Jack^s 
free and easy life had caused him to run be- 
hind, to become short in his accounts with his 
company ? Had the prospect of exposure made 
him desperate and led him to venture on a des- 
perate crime to preserve his hitherto untarnished 
reputation for integrity ? 

Bancroft's reflections were interrupted by the 
arrival of a messenger* 


The Grooved Bullet* 


J57 


CHAPTER II. 

The messenger handed the young attorney 
a sealed envelope* He glanced at the address^ 
observed that it was in the handwriting of Jack 
Dunnings with which he was quite familiar, and 
hastily opened it and read : 

County Jail, May 20th, J8 — : 

^^Dear Charley — I am in terrible trouble. 
Please come and see me as soon as possible* 
Yours, 

Jack Dunning*^^ 

The jail was but a few blocks from Bancroft's 
office, and in as many minutes he was ringing 
the door-bell of the ancient terror to evil-doers* 
The sheriff had very considerately taken his 
charge to the parlor of the residence part of the 
prison, where he kept him under his own per- 
sonal surveillance, pending the preliminary ex- 
amination, and the prisoner was saved the 
humiliation of being confined among criminals* 

Bancroft entered the room with a palpitating 
heart* Dunning was seated on the sofa with the 
sheriff* His face was pale and looked as though 
its owner was stunned and endeavoring to com- 


158 My Mysterious Clients. 

prehend the fearful gravity of the situation. He 
arose and grasping Bancroft's hand in both his 
own^ exclaimed : My God^ Charley, can you 

believe that I am under arrest for murder, for 
murder, for the murder of the woman I loved ? 
It seems like a horrible dream. If it only were 
a dream. You saw the newspaper account this 
morning. Rose Selden was killed with my 
pistol. No wonder I am under arrest. I want 
you and Fred Hoffman, the old Roman Senator, 
to take charge of my case.^^ Jack always called 
Bancroft's partner, Fred Hoffman, the Roman 
Senator. ^^And I say to you now no matter 
what testimony they produce, I am innocent as 
the child unborn.^^ A tear stood in each of his 
eyes, his thin lips closed, and his pale face looked 
as though it had been chiseled from marble, a 
model of sincerity and determination. Dunning^s 
face was not unlike Octavius Ceasar^s, and now 
that it was shadowed with trouble and anxiety 
Bancroft thought that he had never seen him 
look so handsome. He pressed his hand warmly, 
saying, know you are innocent. Jack; no 
amount of circumstantial evidence can shake my 
confidence in your innocence of this crime. Keep 
a stiff upper lip, old fellow, and it will come out 
all right in the end. Tell me all you know 


The Grooved Bullet. 


159 


about it^ and then I will find out what others 
know^ and putting all the facts together we will 
commence to unravel the mystery.^^ 

will make a clean breast of all of last 
night^s miserable business^ of which lam heartily 
ashamed/^ Jack responded. ^^You must have 
all the facts to work intelligently, and I will give 
them to you honestly, concealing nothing.^^ 
Here the sheriff offered to withdraw. Jack 
placed his hand on his arm, continuing, ^^Do n^t 
go, sheriff ; I have nothing to say that I am not 
willing you and every one else should hear. To 
commence with, I had an engagement to meet 
George Barlow at Perryville at 9 o^clock this 
morning, from whom I expected to secure a 
valuable insurance risk. Whatever I do at 
night, I invariably keep engagements of this kind 
in the day time. In other words, I have never 
yet let my lapses from temperance interfere with 
my business engagements. I dined with some 
friends at the Carlisle Arms last evening and 
drank considerably more wine than was good 
for me. At half past nine I left the party and 
went out on the street with the purpose of taking 
a walk in the fresh air. After walking for per- 
haps twenty minutes I came in front of the 
Montezumas, the saloon kept by Cliff Morgan. 


\60 My Mysterious Clients. 

Some evil spirit prompted me to go in. With- 
out knowing why, I am under the impression 
that if I had kept away from that place I would 
not be here now.^^ The saloon referred to was 
a glittering resort, the upper rooms of which 
were used for gambling. ** The place was de- 
serted with the exception of Cliff Morgan, who 
was tending bar, and Phillip Mercer, who was 
seated at a table. Mercer is a stranger in town^ 
living at the Carlisle Arms. He is a man fifty 
years of age, about my build, a little heavier, has 
a smooth, fresh face, iron grey hair and is very 
striking in his dress. The coat he usually 
wears is made of chamois skin. He never wears 
a vest, and his shirt is a negligee silk, in the 
folds of which I have often admired a most 
beautiful ruby. I am describing him to you in 
detail, for the reason that I think somehow or 
other he is mixed up in this business. From 
the time that I first met him he has been a very 
attractive person to me. He is well educated,, 
bright, sociable, entertaining, a regular Bo- 
hemian. I always imagined that he was an 
actor, but of himself and his past he is extremely 
reticent. He invited me to drink with him. I 
sat down at the table, and he ordered champagne. 
We sat there drinking and telling stories until 


The Grooved Bullet. 


161 


things began to grow dim. The last thing I 
remember I was still sitting at the table drinking 
wine^ and he was asking me some questions 
about the Seldens. The next thing I remember I 
woke up in my bed in my room at the Carlisle 
Arms, terribly nauseated, my head throbbing as 
if it would burst. Day was just breaking. I 
thought of my engagement at Perryville, and 
reached for my watch, which I noticed was 
lying on my dressing case. I found my clothes 
hanging on a nail in as nice order as if I had 
gone to bed sober and as much money in the 
pockets as I could expect to have after a whirl of 
that kind. I went to the bath-room, took a cold 
plunge, dressed myself and started for the station. 
I passed by the Selden^s house about 4 o^clock 
and must have passed it about the time of the 
murder, although I did not hear the report of the 
pistol. I purchased my ticket for Perryville and 
was waiting for the train, which was late, when 
the sheriff here came and arrested me. Just be- 
fore you came in some one called and asked for 
my shoes, which I gave him, and the sheriff 
very kindly replaced them with these slippers. I 
suppose they will attempt to fit the shoes into the 
foot-prints the newspapers mentioned at the roots 


t62 My Mysterious Clients* 

of the tree, and get some further circumstantial 
evidence against me*^^ 

When did you first miss your pistol ? 
Bancroft inquired. 

When the sheriff first arrested me I placed 
my hand on my hip pocket and found that it was 
gone. K my shoe should happen to fit in the 
impression made by the murderer, the outlook 
will be pretty dark, Charley.^^ 

** We will cross that bridge when we come 
to it,^^ Bancroft answered. 

The sheriff informed Dunning that his mother 
was waiting outside. The knowledge that he 
was about to meet his mother nearly overcame 
the poor fellow. He sank back on the sofa, 
moaning and shaking his head. ^'If I could 
only spare her, I could make this fight like a 
hero.^^ 

Bancroft hastened to take his departure and 
avoid a scene he knew would be heartrending. 
As he passed through the streets he learned that 
Dunning^s shoe fitted to a nicety in the foot print 
made by the criminal when he leaped from Mary 
Selden^s window. This news, and the impres- 
sion of his client^s guilt, which seemed to have 
become universal, caused his heart to sink, and 
filled him with the most gloomy forebodings. 


The Grooved Bullet* 163 

When he returned to his office he found his 
partner reading the morning paper* 

^^Of course you have heard of the murder 
he commenced* ^Tsn^t it horrible the senior 
responded, and from all I can hear Jack Dun- 
ning will have a close call*^^ he does not 
escape it will be because we have not the inge- 
nuity to save him* He has retained us, and ex- 
pects the Roman Senator, as he calls you, to 
pull him through*^^ 

In the name of all that^s good, what expla- 
nation does he give of his pistol being found at 
the place where the murderer dropped it when 
he made his escape, and of his shoe fitting to a 
** T the impression made by the criminal when 
he jumped to the ground ? 

** He can no more explain these things than 
you can* He tells us what he did, and insists 
on his innocence*^^ 

Of course he insists on his innocence* They 
all do that, guilty or innocent*^^ 

He gives all the facts he knows* It is our 
business to put them with the facts furnished by 
others, and reconcile the whole, if possible, with 
his innocence*^^ 

Bancroft then proceeded to relate the story 
just told by Dunning* The Roman Senator sat 


164 My Mysterious Clients* 

for a long time in deep thought* At last^ look- 
ing up^ he said : Whatever we do must be 
done speedily* See Cliff Morgan^ the saloon 
keeper^ and learn from him how Jack got home^ 
and then find out if Mercer is still here* If he 
was here at 4 o^cIock this morning I can con- 
struct a theory that will save Jack^s neck*^^ 
Bancroft departed and did not return until 
12 o^clock* 

What luck?^^ his partner inquired* 

Worse and more of it/^ he answered^ 
saw Cliff Morgan and he corroborates Jack^s 
story* He says he sat in the saloon drinking 
wine with Mercer until II o^clock^ when he 
suddenly collapsed and became unconscious^ 
and Mercer said, He is stopping at the same 
hotel with me* I will take him home*^^ That 
he ordered a carriage, and, placing Jack in it, 
drove away with him* The night clerk at the 
hotel says that Mercer came in with Jack about 
1 1 o^cIock* That he assisted him to take him 
to his room, and together they put him to bed* 
That Mercer requested him to call him for the 
3 o^clock train and went to bed in his own 
room* That he called him at 2:30, and at twenty 
minutes of three he took the bus for the train* 
I went to the station and the train caller told me 


The Grooved Bullet. 


165 


he recognized Mercer and saw him get on the 
train. I telegraphed a description of Mercer to 
the conductor of the train, inquiring at what 
place he left him. I just received his answer. 

Charles Bancroft, Lyons : 

Mercer left my train at Charlottsville, at 4 
o^clock this morning. 

James McCurdy, 
Conductor No. 21. 

What an alibi he can prove. At the very 
moment this murder was committed in Lyons 
he was stepping from a train in Charlottsville, 
fifty miles away. I stopped to have a talk with 
the coroner as I came by his office, and the way 
they are weaving the web around poor Jack is 
terrific. They found a box of cartridges in his 
room, and a bullet taken from the wall in Mary 
Selden^s room corresponds with the balls in 
those cartridges and the ones in the undischarged 
chambers of his revolver. The ball was taken 
from the wall on the side of the room near the 
sofa, at a point about three and a half feet 
from the soles of her feet. A handkerchief was 
found on the bed marked J. 

^^It had been used to administer chloro- 
form,^^ interrupted the senior. 


166 My Mysterious Clients* 

Yes, for an empty bottle labeled ^Chloro- 
form^ was standing on the dresser*^^ 

Charley, in the face of all this evidence can 
you believe Jack is innocent 

Yes, if you had seen him and heard him 
as I did, you would believe him innocent*^^ 

If that is true, all that we have to do is to 
rehearse in the court room the scene you wit- 
nessed in the jail* Jurymen are but men, as we 
are, and what will convince you or me will 
convince them* The way things are piling up 
on us, Jack^s personality and appearance of con- 
scious innocence will be the mainsail of the 
case*^^ 

^Tf he is innocent,^^ Hoffman mused, ^^the 
responsibility is something fearful. Think of an 
innocent man and a lovely character like Jack 
Dunning being hung by reason of some over- 
sight on our part*^^ 

It is now noon ; after dinner, go up to the 
Selden house and make a thorough examination 
of the room where the girls were killed and the 
ground outside. Look for clues* It is high time 
we were discovering a theory to explain Jack 
Dunning^s innocence, if he is innocent*^^ 

Bancroft put in the afternoon in investigating 
the premises of the Seldens, and returned to his 


The Grooved Bullet* 


167 


office at 5 o^clock^ where he found his partner 
walking the floor^ and revolving, for the thou- 
sandth time, the facts as he had them in this per- 
plexing case* Anything new ? he inquired* 
When Bancroft had seated himself comfort- 
ably and lighted a cigar he answered : 

1 am loaded for bear*^^ 

^^What is it?^^ Hoffman asked, eagerly 
bending forward, his dark eyes and classic face 
brightening with expectation* 

Well, in the first place, I have ransacked 
that house from top to bottom, and all that we 
are interested in centers right in that room of 
Mary Selden^s* Here is a plan of that room, 
and of the room of Rose Selden, that immedi- 
ately adjoins it,^^ and taking a pad, he rapidly 
sketched the following : 

: Safe* Sofa* 


Bed* 


Window* 


J68 My Mysterious Clients. 

You see Rose Selden^s room was immedi- 
ately south of and adjoining her sister Mary^s^ 
and opened into it by this door. There is a glass 
transom over the door. Here is Mary^s bed in 
the southwest corner of the room. Immediately 
opposite^ in the northwest corner, is the safe. 
Here is the window by which the murderer es- 
caped; and here, next to the safe, on the north 
side of the room, is the sofa upon which Rose 
was found. About three and one-half feet from 
the 'floor is a bullet hole. The theory of the 
state will be that she was standing in front of 
this sofa when she was shot; that the ball 
passed through her body into the wall, and she 
fell upon the sofa and expired. I lifted the loose 
upholstered cushion and looked under, and there 
found a pistol that had evidently slipped down 
between the wooden side of the sofa and the 
upholstering. It was a six-barrel, thirty-two 
caliber revolver. I examined the surface of the 
upholstering, which was some kind of rep, and 
found a perforated place in the body of it, not 
far from the head. Inserting my finger into this 
opening, I fished out a bullet that was somewhat 
flattened, but disclosed a line or groove running 
through the middle of it. I then examined the 
bullet hole over the sofa, probed it with my 


The Grooved Bullet. 


169 


knife^ and, to my surprise, found a bullet in 
there, which I extracted with considerable diffi- 
culty. This ball was also flattened, but showed 
the same delicate mark runninj^ across its sur- 
face. I examined the pistol, then, carefully pass- 
ing my fingers over its muzzle, and felt a slight 
projection or point on the smooth edge of the 
muzzle, that looked and felt as if it had been 
made by a blow from some heavy instrument 
that bruised and displaced the metal. Or it may 
have been the result of a defect in the casting. 

The inquiry then arose, where in the world 
did the bullet come from that the coroner had in 
his possession and matched the bullets in Jack 
Dunning^s cartridges ? I called in the servant 
girl, Katrina Keck. She is rather large and 
sleepy looking, which will account for her not 
hearing the pistol report, and asked her if she 
knew who it was that took the bullet from the 
wall that was said to have killed Rose Selden. 
She replied that she was the person. ^ Where 
abouts did you find that bullet ? ^ I asked. She 
pointed to a hole in the wooden casement of the 
door opening from Rose Selden^s room. I meas- 
ared the distance from the floor. It was just 
four feet ten inches.^^ 

During this narrative Fred Hoffman was an 


170 My Mysterious Clients* 

eager and attentive listener* At its conclusion 
he said : The work that you have done this 
afternoon is great* Your discoveries equal any- 
thing in romance* I want to think about them 
awhile before we talk them over* You go over 
the facts carefully and make up your conclusions* 
I will do the same thing ; meet me at the office 
here to-night at 8 o^clock, and we will compare 
notes*^^ 

That night the two lawyers were closeted in 
deep consultation until 1 o^clock in the morning* 
When they separated they had formulated a 
plan of defense that would be one of the most 
remarkable in the annals of criminal jurispru- 
dence* They kept their theory a profound 
secret, not even disclosing it to their client* 

CHAPTER III. 

The grand jury found an indictment charg- 
ingjack Dunning with murder in the first degree, 
the penalty for which was death* The May 
term had just commenced, and the prisoner 
being anxious for an early trial and the prosecut- 
ing attorney having no reason for delay, the case 
was set for trial in June* On the day the trial 
was to commence the old court-room was filled 


The Grooved Bullets 


m 


to its capacity* Inside, the bar was filled with 
attorneys, city and county officials and promi- 
nent citizens* Of the actors who were to take 
part in this drama the gray-headed judge first 
appeared and with quiet dignity took his seat on 
the bench* The bailiff arose, saying, Hear ye, 
hear ye, this Circuit Court of Lyons County is 
now in session*^^ Ralph Stone, the county pros- 
ecutor, with an armful of books, and Judge 
Cary, an eminent criminal lawyer, made their 
way through the crowd to a table in front of, 
and a little to the left of the bench* Hoffman 
and Bancroft next appeared, accompanied by an 
old lady. dressed in deep mourning, and seated 
themselves at a table in front of and a little to the 
right of the bench* 

The judge called the case of the State vs* 
John Dunning* ^^Are you ready, gentlemen ? 
Counsel for both sides indicated that they were* 
Sheriff, bring in the prisoner*^^ In a few min- 
utes the sheriff was seen escorting his charge 
through the bar* A low murmur ran through 
the assembly as Jack^s erect figure and pale, 
anxious face appeared* The terrible ordeal 
through which he had passed and his imprison- 
ment had told on him severely* His eyes and 
cheeks were hollow, his face the color of marble. 


172 My Mysterious Clients. 

and here and there his friends noticed gray hairs 
which they thought they had never seen before. 
There was a proud look in his eyes and an ex- 
pression of conscious innocence in his face that 
Bancroft had rightly predicted would be their 
main stay. He grasped the hand of his mother 
with a sweety sad smile^ and still holding it took 
a seat at her side. 

Twelve good men and true were duly im- 
paneled as the jury^ and the trial proceeded. 
The prosecuting attorney^ after dwelling for 
some time on the shocking character of the 
crime for which the prisoner was on trial, stated 
the facts he proposed to prove, which it appeared 
to him showed most conclusively that the pris- 
oner at the bar had entered the bed chamber of 
Mary Selden a few minutes before 4 o^clock on 
the morning of May 20th, administered chloro- 
form to her, causing her death. After opening 
the safe, at which time he was undoubtedly in- 
terrupted by the appearance of Rose Selden, he 
had shot and killed her. The state would pro- 
duce a revolver belonging to the prisoner and 
prove that it was found on the ground under 
Mary Selden^s window a few minutes after the 
murder was committed. That he would show 
that the murderer had, beyond any question. 


The Grooved Bullet. 


173 


made his escape from the window. That one 
chamber of the revolver was empty^ with the 
exception of the shell of the cartridge. He would 
produce the ball that had killed Rose Selden and 
show that it was similar to the balls that re- 
mained in the undischarged barrels of the re- 
volver. He would produce a handkerchief 
bearing the initials of the prisoner that had been 
saturated with chloroform and used to stupefy 
Mary Selden. He would do the prisoner the 
justice to say that it did its work better than he 
had expected or intended. He would show that 
the criminal had made his escape through a 
window and descended by a tree^ from which he 
must have jumped a considerable distance^ for 
at the place where he landed was the deep im- 
pression of a foot. He would show that one of 
the shoes that the prisoner had on at the time 
this murder was committed fitted this impres- 
sion so exactly that there could be no question 
but this shoe made it. The details of the sole 
were there to a nail which projected from the 
heel^ a corresponding indenture being found in 
the impression. He would prove that the pris- 
oner was seen coming from the vicinity of the 
Selden^s house within a few minutes of the time 
the fatal shot was fired. When Stone had taken 


174 My Mysterious Clients. 

his seat Fred Hoffman arose and very impress- 
ively said to the jury : I wish to remind you 

at the outset that the prisoner is on trial for his 
life and that that presumption of innocence which 
the law throws around him should in this^ of 
all cases^ be preserved until the testimony is en- 
tirely in. The evidence that will be offered is en- 
tirely circumstantial. No man can testify that the 
prisoner here is guilty to his knowledge. No one 
knows positively who the guilty person is except- 
ing the criminal himself and his Maker. When the 
state concludes its case of circumstantial evidence 
we will also present some evidence of the same 
character which will show that the prisoner did 
not and could not have committed this crime. 
Until that time we ask you to suspend your 
judgment, form no opinion and give the prisoner 
that consideration guaranteed to him by the 
law.^^ 

The testimony offered by the prosecution 
tended to sustain the statements of the prosecutor. 
The revolver was identified as the property of 
the prisoner, as was the handkerchief, and the 
impression of the criminaPs foot was proved^ be- 
yond any question to have been made by 
Dunning^s shoe. The conviction that he was 
guilty was stealing over the audience and having 


The Grooved Bullet* 


175 


its effect on the jury* Hoffman saw this and de- 
termined at the first opportunity to say some- 
thing that would remind them that the prisoner's 
side of the case had not yet been heard* Jack 
leaned over to Bancroft and whispered^ They 
are making a terrible case* Do you think it 
possible that I could have gone there and com- 
mitted that crime while I was drunk ? 

^^No, if you knew enough to climb a tree and 
open a safe and fire a pistol, you could not have 
been so drunk but that you would have remem- 
bered it* Besides that. Rose Selden was killed 
at 4 o^clock in the morning* At that time you 
were perfectly sober* Wait until you hear our 
side; you are coming out all rfght, old fel- 
low*^^ 

My God, I hope so*^^ 

Phillip Mercer was called to the stand* He 
corroborated Dunning^s statement to his counsel 
of the meeting at the Montezumas, that the 
prisoner drank wine until it overcame him, and 
at about 1 1 o^clock he took him to his hotel in a 
carriage and put him to bed and then returned 
to his own room, went to bed and slept until 
half after 2 o^clock, when he was awakened by 
the night clerk, arose, dressed himself and went 
to the station, and at 3 o^clock left on the train 


176 My Mysterious Clients* 

going to Charlottsville, where he had remained 
ever since. 

Hoffman leaned back to his associate and 
whispered^ Conviction is settling down over 
the jury in a way that is dangerous. I think I 
had better give them a shot that will recall them 
to themselves, but it will disclose our case. What 
do you think of it ? 

''Go ahead; let them have it; we can^t 
conceal our defense much longer, anyway.^^ 

Hoffman then commenced the cross-examina- 
tion. " Mr. Mercer, you say that after you had 
put the prisoner to bed you retired to your room 
and there remained until you were called to the 
3 o^clock train. Will you swear that you did 
not, before you retired to your room, go to the 
house of the Seldens ? 

The witness turned pale and quailed under 
the piercing glance of his examiner. The pros- 
ecuting attorney here interposed, " Rose Selden 
was killed at 4 o^clock, and at that time this 
witness was in Charlottsville.^^ 

Hoffman turned to the prosecutor, his face 
pale, and his eyes blazing with suppressed ex- 
citement, and, in tones that thrilled the audience, 
said : " Rose Selden was killed at 4 o^clock, but 
Mary Selden was not killed at 4 o^clock. She 


The Grooved Bullet* 


Ml 


was chloroformed between 12 and I o'clock, as 
I shall prove by and by, and this witness is the 
guilty cause of her death*" 

The witness' cheeks blanched to the color 
of paper, and he trembled so violently that he 
controlled himself with the greatest difficulty* 
A buzz of excitement went through the audi- 
ence* The shot had told* From that time, judge, 
jury and audience suspended their judgment in 
anticipation of the defense, the first glimmer of 
which had just been flashed upon them* 

By this time the witness had gained control 
of himself, and swore positively that he had 
gone straight from the prisoner's room to his 
own, and there remained until he was called 
for the train* But his startled manner during 
Hoffman's statements made a deep impression, 
and the prejudice against the prisoner was com- 
mencing to give way* The prosecutor had 
learned through the Seldens' girl of Bancroft's 
visit to the house; that the bullet he had did 
not come from the hole over the sofa, and find- 
ing that the bullet shot into the hole was gone, 
rightly concluded that Bancroft had discovered 
and taken it away* He was satisfied that this 
was the ball that had killed Rose Selden, and 
its similarity to the other bullets in the prisoner's 


178 My Mysterious Clients* 

revolver was a critical point in the case* He 
called Bancroft to the stand* 

^^You visited the house of Rose Selden on 
the day of the murder ? 

^^Yes, sir*^^ 

And took from the wall over the sofa a 
leaden bullet 
^^Yes, sir*^^ 

** Have you that bullet with you ? 

**Yes, sir; here it is*^^ And he handed the 
prosecutor a flattened piece of lead* The prose- 
cutor, after examining it, seemed to be relieved* 
'^Of what caliber pistol would you say it 
was fired from ? 

** Thirty-two caliber*^^ 

And your client^s pistol was a thirty-two 
caliber 

Yes, sir*^^ 

What else did you find in that house 
Here Hoffman objected that anything else he 
found was a matter of defense* That the prose- 
cutor ought not to be permitted to force them 
into their defense at this stage* That he would 
place the witness on the stand at the proper time, 
when the prosecutor would have the fullest op- 
portunity to cross-examine him and elicit any 
information he wished* The court sustained the 


The Grooved Bullet. 


179 


objection, saying: ''You can ask him any ques- 
tion bearing on your side of the case. As coun- 
sel has promised to call the witness, you can 
then obtain all the information you can get now.^^ 
The prosecutor then asked the witness if he 
measured the distance from the floor to the place 
from which he took the bullet. 

"Yes, sir.^^ 

" What was the distance ? 

" Three feet and six inches.^^ 

The prosecution exhausted several days in 
introducing its evidence, during which time every 
person who had any knowledge of the case, or 
of the people connected with it, was examined 
and cross-examined. It was developed that a 
bullet from a thirty-two caliber pistol had been 
found in the casement of the doorway between 
the two bedrooms, and the bullet was produced 
and identified. The fact that two bullets had 
been discovered awakened a lively discussion 
and aroused a livelier interest as to the figure it 
would cut in the theory of the defense. At last 
the prosecution rested, and the defense opened 
its case. 

The prisoner took the stand and in a voice 
full of emotion told the same story Bancroft had 
listened to on the morning of the murder. He 


180 My Mysterious Clients. 

sustained himself well on the cross-examination^ 
and rather strengthened his case. His answers 
were quick and apt and calculated to win the 
sympathies of his hearers. The prosecutor 
asked him how he accounted for the presence of 
his pistol and handkerchief and foot print at the 
scene of the murder. He replied : ** That has 

been more of a mystery to me than it has been 
to you^ for you believe I was there and I know 
I was not. I can^t account for it^ though I 
thinks perhaps^ my attorneys will before they get 
through.^^ 

During his examination^ in fact during the 
entire trial, his mother listened to the questions 
and answers with an interest and anxiety that 
were painful to look at. 

Bancroft again took the stand and testified to 
finding a revolver under the cushions of the 
sofa and a bullet hole through the rep covering,, 
a bullet in the hair stuffing, which he produced. 
That the revolver was a thirty-two caliber with 
two chambers empty. The flattened bullet was 
from a thirty-two caliber pistol. A bucket of 
water was, at the request of Hoffman, brought 
forward and set down at the side of the prisoner. 
Hoffman inquired of the witness, Is the pistol 


The Grooved Bullet. 1 81 

you have described and hold in your hand 
loaded 

Yes, sir, with six cartridges.^^ 

Fire them, please, into the bucket of water.^^ 
There was no objection to this novel proceeding, 
and the witness, to the great consternation of the 
ladies present, successively fired six shots into the 
bucket, and dipping his hand into the water re- 
covered and identified the flattened pieces of lead. 
The same experiment was then made with the 
prisoners pistol, and the leaden messengers 
fished out and identified. 

The witness further testified that the bullet 
hole in the casement of the door was four feet 
and ten inches from the floor. 

Katrina Keck identified the pistol described 
by Bancroft as the property of Rose Selden, and 
said that she was accustomed to sleep with it 
under her pillow. 

Dr. McKenzie, who had already testified for 
the prosecution, was called and testified that he 
was fifty years of age; that he had practiced 
medicine twenty years, five years of which had 
been passed in a hospital. That he was quite 
familiar with the changes that take place in a 
dead person. After he had qualified counsel for 
the prisoner inquired, From the examination 


J82 My Mysterious Clients. 

you made do you think you can tell how long 
Mary Selden had been dead ? 

** I do. I was called to the Selden house at 
4:30 in the morning. I found the body quite 
cold and rigid. In my judgment she had been 
dead not less than three hours, and probably 
four.^^ 

This expert, like all experts, only grew more 
decided the more he was cross-examined. At 
the close of the doctor^s testimony the defense 
rested, and after a brief recess the prosecuting 
attorney opened the case in an argument, which 
was an elaboration of his statement to the jury^ 
He closed with an appeal to the jury not to per- 
mit the eloquence of the adverse counsel or any 
misguided sympathy for the prisoner to swerve 
them from the conscientious discharge of their 
duty to the state and the people. 

Hoffman arose amid a profound silence. If 
there was anything he was proficient in more 
than anything else it was oratory. He spoke 
with the persuasiveness of the Roman orator, in 
language as pure as the Greek. I am unable to 
reproduce the exordium, which thrilled and held 
his audience enchanted, or his peroration, which 
gradually arose to the sublime, and carried with 
him judge, jury and spectators. I will have to 


The Grooved Bullet. 


183 


content myself with giving a portion of the ar- 
gumentative part of his address. At the con- 
clusion of the exordium he said : Now, what 
are the facts in this case? Mary Selden was 
killed at about I o^clock in the morning. This 
is proved conclusively by the testimony of Dr. 
McKenzie, an experienced physician, who is 
positive that at 4:30 she had been dead at least 
three hours, and perhaps four. This would 
make it in the neighborhood of I o^clock that 
she died, and the chloroform must have been 
administered before that time. This testimony 
is uncontradicted, and the death of Mary Selden 
is fixed by positive proof at about I o^cIock, and 
not later than half after one. What relation did 
these two successive deaths have with each 
other? Were these two tragedies that were 
enacted within three hours in the same room 
in any way connected? Was the man who 
killed Mary in any way responsible for the death 
of Rose ? If so, the prisoner at the bar must be 
innocent. At 1 1 o^cIock he was placed in his 
bed stupefied and unconscious from the effects 
of excessive drinking. It was a physical impos- 
sibility for him to have planned and executed a 
murder within two hours after he had fallen 
asleep in a drunken stupor. The man who was 


184 My Mysterious Clients. 

carried to his room, undressed and placed in bed 
at n o^cIock, could not, before I o^cIock, dress 
himself and make his way to the Selden house, 
scale a tree and climb into a second-story win- 
dow. No, gentlemen, at the time the chloroform 
was administered to Mary Selden the prisoner 
at the bar was sound asleep in his room at the 
Carlisle Arms. My client, then, did not kill 
Mary Selden, and if the man who did kill her is 
responsible for the death of her sister, my client 
is innocent. Who did kill Rose Selden ? The 
evidence, and the only evidence relied on is the 
pistol found outside the house, the foot print, the 
handkerchief and this bullet. I propose to ac- 
count for all these circumstances, and prove by 
them the innocence of the defendant. 

** It is claimed that this bullet, taken from 
the opening over the sofa, passed through the 
body of the lady, and that she then fell upon 
the sofa and died. This is the pivotal point in 
the case of the prosecution ; dispose of this, and 
their case is gone. Counsel say that one cham- 
ber of the defendant's pistol was empty, that his 
pistol was a thirty-two caliber, and this ball, 
having been fired from a thirty-two caliber re- 
volver, completes his case. This would make a 
very strong case if another pistol, which was also 


The Grooved Bullet, 


185 


a thirty-two caliber one^ had not appeared upon 
the scene^ and from a chamber of this pistol two 
shots had been fired. While the bullets fired 
from this revolver have a general similarity to 
those found in the pistol of the prisoner^ fortu- 
nately — most fortunately for my client — they 
differ from them in one respect. Look at those 
six flattened balls fired by my associate into the 
bucket of water from this pistol that was found 
under the cushions of the sofa. Every one of 
them is marked with a groove running across the 
surface. Pass your fingers over the edge of the 
mouth of this pistol and you will distinctly dis- 
cover a slight projecting point, a defect in the 
surface of the metal, that marks the bullets shot 
from it as you would mark them with a needle, 

** Look at the six bullets fired into the water 
from the prisoner's revolver. Every one of them 
smooth and clear. No grooves there, 

'^Look at that bullet taken from the wall 
over the sofa, which the state says killed Rose 
Selden, It is considerably battered and defaced, 
but you can distinctly trace the delicate little 
groove, 

** The bullet, then, that killed Rose Selden 
was not fired from my client^s pistol. So we have 
got thus far. The prisoner at the bar did not 


186 My Mysterious Clients* 

kill Mary Selden^ and the ball that killed her 
sister was not fired from his pistol So much 
for the finding of his pistol at the foot of the tree^ 
about which there has been such an uproar* 
This pistol was found buried under the cushions 
of the sofa* This pistol the domestic positively 
identified as the property of her mistress ; testi- 
fies that she was in the habit of sleeping with it 
under her pillow^ very natural and sensible for 
a girl living alone with her sister, with no man 
in the house to protect them* Two of the car- 
tridges had been discharged* If counsel is right, 
and this bullet killed Rose Selden, then she was 
killed by a bullet fired from her own revolver* 
I believe that the bullet that killed her was dis- 
charged from her own revolver, but it was not 
this bullet* 

In the rep covering of the sofa is found a 
bullet hole, and beneath that a flattened bullet, 
which is also from a thirty-two caliber pistol, and 
this bullet has also the tiny groove* Counsel 
for the state is greatly exercised over the fact 
that the ball passed through its victim at a point 
just three and one-half feet from the floor, and 
that the perforation above the sofa is just three 
and one-half feet from the floor* The sofa upon 
which she was found is in the court room, and 


The Grooved Bullet* 


187 


the bullet hole in the rep covering is just three 
and one-half feet from its foot^ so if she was 
lyings as people usually lie upon a sofa^ when 
she was shot the ball would have passed through 
her to the very place at which it was found* 
Whether she was killed on the sofa or while she 
was standing in front of it^ the ball that killed 
her was discharged from her own pistol* 

How do I account for the handkerchief and 
foot prints and presence of my clients pistol ? I 
will tell you how I account for them^ and my 
theory must be correct, for it is the only one that 
reconciles all the conflicting circumstances* 

The prisoner at the bar was put to bed by 
Phillip Mercer, a gambler and adventurer, who 
came here from a distant city to restore his des- 
perate fortunes* While drinking with Dunning 
he determined to rob the safe of the Selden girls 
of the money it was reported to contain, and de- 
cided on a bold and original plan, which he pro- 
ceeded to carry out* After he had put his victim 
to bed he retired to his room only long enough 
for the night clerk to get well out of the way, 
when he returned to the prisoner's room, dis- 
robed himself and put on the prisoner's clothes, 
not omitting his shoes* The prisoner's pistol 
was in his hip pocket, which would serve him 


188 My Mysterious Clients* 

in lieu of his own. Thus dressed, in my client^s 
clothes and shoes, he proceeded to the Selden 
house, made his entrance by means of the tree, 
saturated the defendant's handkerchief with 
chloroform that he had provided, administered 
it to Mary Selden, and went to work at the 
safe, which he succeeded in opening, when he 
was interrupted by the appearance of Rose Sel- 
den. A glass transom is over the door that 
connects the two rooms, and undoubtedly the 
light that the criminal used, shining through the 
transom, awakened her. It is just as certain 
that she entered the room in her night clothes. 
People do not stop to dress in such a situation. 
She appeared at the door with her revolver in 
her hand, expecting to meet a burglar. When 
she opened the door he was stooping in front of 
the sofa, for the sofa is right next to the safe ; 
as he came to a standing position she fired the 
shot that entered the wall over the sofa. He 
fired at her, the ball taking effect in the case- 
ment of the door, four feet and ten inches from 
the floor. If this ball that was fired from the 
prisoner's pistol had struck her it would have 
entered her head. This ball is smooth, with no 
groove, and is undoubtedly the one that was 
fired from my client^s pistol. Mercer then made 


The Grooved Bullet* 189 

his escape dropping the pistol as he jumped to 
the ground. 

^^AII this happened at \ o^clocfc in the morn- 
ings while Mary Selden was dying from the 
effects of the chloroform. 

Mercer hastened to his hotels proceeded to 
the prisoner's room, where he found him in a 
deep sleeps undressed himself, carefully hanging 
up the prisoner's clothes, redressed himself in his 
own, proceeded to his own room and retired to 
bed just in time to hear the call for his train. In 
the meantime Rose Selden had satisfied herself 
to a certainty that her sister was dead. Then 
rushed upon her a wild desire for self-destruction. 
Her twin sister, whom she loved better than her 
life, for whom she had rejected all offers of mar- 
riage, without whom life would, as she thought, 
be unendurable, was gone forever. The shock 
may have temporarily deranged her, at any rate^ 
certain it is she determined to commit suicide. 
She carefully dressed herself, waited through the 
watches of the night, and at 4 o^clock in the 
morning lay down upon this couch and dis- 
charged the fatal shot into her heart, the pistol 
dropping from her hand, sunk away and became 
lost between the loose cushions and the wooden 
side of the couch, where it was found by my 


190 My Mysterious Clients* 

associate*^^ He closed his argument with a 
delicate and pathetic allusion to the prisoner and 
his mother that brought the tears to the eyes of 
his auditors. 

Judge Cary made the concluding argument^ 
and labored for an hour and a half to destroy the 
effects of Hoffmanns appeal^ calling into play all 
the ability of a trained criminal lawyer. He rec- 
ognized that the claim made by Hoffman was 
true, that the pivotal point in the case turned on 
the identity of the ball taken from the wall over 
the sofa with the bullet fired from the prisoner's 
revolver. He suggested that any mark made 
on the bullet by a slight defect in the rifling of 
a pistol would be obliterated in its passage 
through the murdered girl and th^ wall. That 
the thread-like impression on the ball taken from 
the wall, discovered by the eloquent counsel, was 
a scratch produced by its passage through the 
time-hardened mortar and the lath. He ridiculed 
the idea that a doctor could tell an hour after a 
woman^s death how long she had been dead. 
That she would be as cold and rigid in an hour 
as she would in three. That this was only 
expert testimony, which the law always re- 
ceives with the greatest caution. In a passion- 
ate burst of eloquence he declared that it was 


The Grooved Bullet* 


191 


incredible that Rose Selden could have taken 
it for granted that her sister was dead when she 
found her lying insensible on her bed* That in 
obedience to her first impulse she would have 
aroused her servant and hastened as fast as her 
feet would carry her for a physician* Not until 
a physician had pronounced her sister dead 
would she have determined on suicide* He re- 
iterated the arguments of his associate in open- 
ing and concluded with a similar appeal to the 
jury to remember their exalted position, and to 
mete out even and exact justice to the state and 
the prisoner* 

While the judge was charging the jury, he 
whispered to his associates : It is a very close 
case* I thought it was invincible when we com- 
menced, but it is only another illustration of the 
old rule, ^ Beware of a sure case*^^^ To which 
his associate responded, Whatever is the re- 
sult, we have done our duty*^^ 

At the conclusion of the charge the jury re- 
tired* At the end of half an hour they filed 
solemnly to their places* 

'^Gentlemen, have you agreed inquired 
the judge* 

We have,^^ responded the foreman* 

What is your verdict ? 


192 My Mysterious Clients* 

An oppressive silence reigned in the room^ 
and you could have heard a pin drop when he 
answered in clear tones^ Not guilty*^' 

A murmur of applause and relief swept like 
a wave through the court room. Dunning^s 
mother threw her arms around the neck of her 
son, laid her head on his breast and wept 
through the excess of her joy. His friends 
rushed forward to congratulate him, and he was 
entitled to congratulation, for both life and honor 
were redeemed, and he would walk out into the 
air free with the weight of a mountain lifted 
from his heart. 

The sheriff laid his hand on the arm of 
Mercer and said: ^^You will have to come 
with me.^^ 

I was waiting for you,^^ he replied. 

The sheriff quietly slipped the bracelets on 
his big wrists and led him through the silent 
and awe-stricken crowd. 

His fate is related in the ** Vicissitudes of a 
Gambler.^^ 


vm. 

THE RESURRECTED WITNESS. 

^ ^ 

B n the surburbs of the village of Lyons a 
two-story cottage rested comfortably in 
the midst of a wide lawn and a cluster of forest 
trees* A broad veranda^ covered with honey- 
suckles, crossed the front of the cottage* Jerome 
Martin and his sister^ Sally, resided in this cot- 
tage* They were the sole survivors of their 
family^ both their father and mother having died 
some years before the events narrated in this 
sketch, leaving these two, their only children* 
Jerome was an ambitious young architect, 
who was advancing rapidly in his profession, 
and Sally was his proud housekeeper* On a 
certain afternoon in June, Sally had swept, dusted 
and put the entire cottage in order, and was 
giving the finishing touches to the tea table, 
that shone with snowy napery, glass and china, 
and held in its center a silver basket, filled with 
pansies, that smiled, fresh and dewy, on a bed of 

( 193 ) 


194 My Mysterious Clients. 

ferns. The tea kettle was singing on the stove 
in the kitchen; the coffee was waiting to be 
brewed, and everything was ready for Jerome. 

Sally Martin was tall and slender, with blue 
eyes that laughed; a wealth of golden hair, and 
a complexion like a rose. In due time Jerome 
appeared, and with him his friend and chum, 
John Gage, an attorney-at-law. Jerome, like his 
sister, was tall and slim. Short, crisp, brown 
curls crowned a low, broad forehead ; a straight 
nose, curved up the least bit at the end, and a 
chin projecting just enough to give character and 
decision to his face— clean shaved, excepting a 
close-cropped brown mustache. His face and 
figure were striking and handsome, and would 
attract attention anywhere. John Gage was 
also a tall man, but broad and muscular, and 
inclined to be heavy. His hair was auburn, and 
his clean-shaved face round, rosy and good 
natured. 

The table was re-arranged, and the three 
friends sat down to enjoy the tea and the gossip 
of the village. 

expect,^^ said Jerome, ^^to go to the Fair 
this evening, that the Grand Army is giving in 
the Park.'' 


The Resurrected Witness. t95 

Of course, you will take me/^ rejoined his 
sister. 

No, I have another engagement.^^ 

Oh, Miss Della Curtis, I suppose,^^ and a 
shadow crossed her face. 

Yes, Miss Della Curtis, and I do not under- 
stand why my association with that lady should 
be disagreeable to you.^^ 

I haven^t any confidence in her ; she is not 
beautiful; she is not plain; she has a dumpy, 
comfortable little figure ; wavy brown hair, gray 
eyes ; a fat, chubby face, with a dimple in her 
chin, and another in her cheek when she smiles. 
She is pretty and good natured, equally polite 
and kind to all men, and they all seem to be 
taken with her. Down at the bottom she is 
deceitful and affected, and a most unmitigated 
flirt.^^ 

Jerome winced at the last statement, for the 
truth was, he was engaged to be married to the 
lady in question and had not yet summoned the 
courage to tell his sister. 

He replied : I ^11 admit she is something of 

a coquette, but that is only natural in an attract- 
ive woman.^^ 

^^She is more than a coquette, Jerome,^^ re- 
marked the attorney. I think Miss Martin is 


196 My Mysterious Clients* 

right ; she delights in the admiration of the men^ 
regardless of character or station* I saw her a 
few evenings since walking on the street with 
Bert Morgan*'' 

Jerome's face clouded and settled into a look 
of anxiety* Bert Morgan was the Don Juan 
of the village* He was a square-built, hand- 
some man, from a physical point of view* He 
was connected with a livery stable, a good judge 
of horse flesh, fond of the races and without any 
pretense of a conscience in his relations with 
women* His social grade was considerably 
below that of Miss Curtis* 

Jerome rapidly reviewed these facts, and 
while his judgment told him this condition of 
affairs ought not to continue, he was so hope- 
lessly in love with the woman, so completely in- 
fatuated with her, that he never for a moment 
thought of giving her up, but set his mind to 
work to devise some plan that would put an end 
to an association that could only result in dis- 
aster to her and her reputation* 

The arched entrance to the park was bound 
in green and with the national colors, and 
crowned with illuminated Chinese lanterns* 
Hundreds of these lanterns hung from the limbs 
of the trees in the park, glowing among the 


The Resurrected Witness* 


197 


leaves in green and pink and yellow, and throw- 
ing a subdued light down among the shadows 
upon the moving throng of people, that enhanced 
the beauty of the white and vari-colored dresses 
of the ladies, and softened the austerity of the 
black suits and immaculate shirt fronts of the 
gentlemen* Here and there were Gypsy tents, 
where fortunes were told for a dime, bazars for 
the sale of gim-cracks, Turkish saloons, where 
beautiful houris dispensed genuine Mocha* A 
dancing platform was located in the center of the 
park, and a band of minstrels was discoursing 
music for a quadrille* Jerome and his girl 
tripped through the figure of the ancient and 
time-honored dance and retired at its conclusion, 
both apparently happy and contented* 

Partners for the waltz,^^ rang out in 
stentorian tones from the leader of the band* 
While Jerome and Miss Curtis were conversing 
apart under the shadows of a tree, Bert Morgan 
suddenly and most unexpectedly approached 
them* His short, square figure was clad in a 
full dress suit, that fitted him perfectly* A large 
diamond sparkled on his polished shirt front* 
His round, plump face was clean shaved and 
powdered* When he removed his silk hat, dis- 
closing a well-shaped head covered with short 


198 My Mysterious Clients. 

curls, it was evident that the barber and the 
tailor had made the most of a pretty good-look- 
ing fellow. 

Jerome took him in at a glance, from his 
patent-leather shoes to his lawn tie. 

He bade ^^Good evening to both Jerome 
and Miss Curtis. He bowed with the grace of 
a courtier and addressing the lady, inquired if 
she would favor him with the waltz. She re- 
plied, ^^Certainly. You will excuse me,. Jerome,^^ 
and taking the arm of Morgan walked with him 
to the platform. The band struck up a familiar 
waltz, and Jerome, nearly sinking with anguish 
and shame, saw the woman he loved better than 
his life float away in the maze of the waltz, her 
waist clasped by the arm of a notorious roue,, 
sport and gambler. The whole proceedings 
was so audacious and unexpected that she was 
away and engaged in the dance before he 
realized the full meaning of it. He hurried away 
from the scene, but not before he had heard a 
number of slighting remarks upon Della Curtis 
for dancing with Bert Morgan. He walked 
through the park, his heart surging with pain, 
humilatiori and indignation. The wrongs Bert 
Morgan had inflicted upon women were notori- 
ous. Both the maiden and the married woman 


The Resurrected Witness* 199 

had been his victims, and to crown it all he had 
no remorse, and seemed to regard his offenses 
as triumphs, for which he was to be congratu- 
lated. These reflections caused the blood to 
race through the veins of Jerome; filled him 
with bitterness and wrought him to a high pitch 
of excitement. 

He wandered past the Gypsy tents and 
across the lawn until he brought up suddenly in 
front of a booth, just outside the park, where 
lager beer and liquors were sold. He ordered 
brandy and took a stiff drink of that stimulating 
fluid. He was unaccustomed to drinking, and 
in his excited condition it was the very worst 
thing he could do. The liquor flew to his 
head, and the injury he had suffered was multi- 
plied and exaggerated a hundred fold. His brain 
was on fire. If he could have stricken Morgan 
to the earth before, now he felt like annihilating 
him. The strange part of his disposition was 
that he never for an instant blamed the woman, 
but concentrated his wrath upon the man. He 
recrossed the park and met Morgan, who hailed 
him, saying I was just looking for you. I left 
Miss Curtis over at the bazar, where she is 
waiting for you.^^ Jerome at once commenced 
on the subject that was consuming him. 


200 My Mysterious Clients* 

Bert Morgan, I want you to understand 
that this is the last time you are to associate, in 
any manner, with Miss Curtis*^^ 

** I would like to know by what authority 
you dictate who I am to associate with*^^ 

** The authority of a man who is engaged to 
be married to the lady*^^ 

** If she is engaged to you she is not yet mar- 
ried* She may break her engagement* Until 
she is your wife she is fair game for us all*^^ 
Jerome, with considerable effort, controlled 
himself, and replied, She is bound to me by 
the most solemn engagement* There is nothing 
but the formal declaration of the minister to 
make us man and wife, which will be made in 
the near future* You know that your associa- 
tion with her disgraces and injures her* I do 
not propose to permit it* I give you fair warn- 
ing/' 

^^Look here, Jerome Martin, I don^t fear 
you or any man living* I never consult any 
man as to what ladies I shall associate with ; 
the only persons I consult are the ladies ; if my 
society is acceptable to them I am going with 
them, whether they are engaged or married, re- 
gardless of the lover or the husband*^^ 

Here Morgan smiled on Jerome, with the 


The Resurrected Witness* 201 

superior air of the man who holds the winning 
cards. ** In other words/^ said Jerome, you 
intend to continue on this line after I am mar- 
ried. This lady is exactly the same to me now 
as she will be when the ceremony is performed. 
I will protect her reputation the same as I would 
my wife^s. The next time you show her the 
slightest attention, by heaven. Til kill you ! 

The last remark attracted the attention of a 
number of persons who were passing, among 
them John Gage. He took Jerome^s arm and 
led him away from the crowd that was gather- 
ing. See here, young man, don^t you know 
better than to drink whisky when you are mad 
and excited. Why should you call Morgan 
down ; threaten to kill him ? This place is free 
for all. He had a right to ask any one here to 
dance with him. If the lady consented, who 
has any business to complain 

I am engaged to be married to her.^^ 

I am sorry to hear that ; but granting that, 
you have no business to quarrel with Morgan. 
She is the person you should talk to. If you 
cannot restrain her as an accepted lover, what 
will you do when the romance is over and the 
practical days of marriage have come ? If she 
is this kind of a woman in the green tree, what 


202 My Mysterious Clients. 

will she be in the dry ? Now^ old fellow^ go 
and escort your girl home. Do not say any- 
thing to-night about the attentions of Morgan. 
You are not in a frame of mind to properly dis- 
cuss the subject. Ignore the whole business. 
After you have seen her home come to my room 
at the Lybrand house ; I want to talk to you 
seriously.^^ 

Jerome hastened to where his affianced 
awaited him and carried out his friend^s instruc- 
tions to the letter, ignored Bert Morgan entirely 
and rattled away with as much cheerfulness as 
he could command. Gage proceeded to his 
room in the hotel and found a note from a client, 
informing him that he expected to leave the city 
early in the morning and would like to see him 
for a moment at his residence that evening. 
Gage hastily wrote a note to Jerome, requesting 
him to wait until he returned and went to the 
residence of his client. As soon as the interview 
was concluded, which lasted longer than he ex- 
pected, he hurried back to the hotel and was 
surprised to see the lobby filled with excited 
people, all of them talking and all in the very 
highest state of excitement. 

** What is the matter ? he inquired of one. 

Why, have n^t you heard ? 


The Resurrected Witness. 


203 


Bert Morgan was murdered here 
about ten minutes ago.^^ 

Gage felt his blood turn cold and grasped a 
pillar to steady himself. 

My God^ who killed him ? 

** I guess there is no doubt it was Jerome 
Martin ; he quarreled with him in the park. He 
came into the hotel a short time before Morgan 
was killed and went up stairs. The clerk heard 
a pistol shot^ went up to Berths room and found 
him lying dead and Jerome bending over him^ 
feeling his pulse. It will be hard on Jerome, and 
all on account of that pretty-faced Curtis girl.^^ 
Was Jerome arrested ? ** 

Yes, he gave himself up, and the sheriff just 
took him to the jail.^^ 

Gage waited to hear no more, but hurried 
away to the jail. He found Jerome in the par- 
lor of the residence part of the prison, seated 
with the sheriff. He was deathly pale, his eyes 
looked wild and almost distracted. 

Sheriff, can I see him for a few moments 
alone inquired Gage. 

No, no ! exclaimed Jerome. I am per- 
fectly innocent. I would rather he would stay. 


204 My Mysterious Clients. 

I have nothing to conceal I am as innocent of 
this crime as you are/^ 

Thank God ! ejaculated Gage, and grasp- 
ing Jerome^s hand, continued, would not 
have you unsay that for a hundred thousand, no, 
not for a million dollars/^ 

You cannot imagine what a comfort it is to 
me to have some one who will believe in my in- 
nocence/^ 

Gage took a seat on the sofa beside his 
friend. 

Now, Jerome, tell us the whole story.^^ 
After I left you I began to look at the affair 
in a different light. I was heartily ashamed of 
the whole business. I met Miss Curtis at the 
bazar and escorted her home. In accordance 
with your suggestion, I ignored Morgan and his 
attentions entirely. I bade her good night at her 
door and went back to the hotel. I found the 
door of your room open and your note request- 
ing me to wait. I sat down by the table, picked 
up a magazine and was turning over the leaves, 
when I heard a pistol shot and a cry of pain in 
the room opposite. I knew that Bert Morgan 
roomed in the Lybrand house, but never knew 
until to-night where his room was located. 
When I heard the report and the cry, I ran into 


The Resurrected Witness, 205 

the hall and opened the door opposite to 
yours/^ 

The gas was lighted, Bert Morgan was 
lying on the floor^ and his vest was stained with 
blood, I took hold of his pulse and was en- 
deavoring to ascertain if he was still alive, when 
the clerk, who had also heard the report, rushed 
into the room, 

A revolver was lying at the side of Bert, 
one barrel of which I have since learned had 
been fired. The danger I was in flashed on me 
instantly, I hastened to explain to the clerk how 
I happened to be there, and that the cause of the 
tragedy was as profound a mystery to me as to 
any one. He received my explanation with con- 
siderable coolness, and evidently did not believe 
me. The house was soon filled with people. 
The sheriff was in the crowd, and I concluded 
that I had better surrender rather than wait for 
an arrest, that I saw, from the temper of those 
present, was sure to follow, I told the sheriff 
that I was perfectly innocent, but that there were 
circumstances against me that would lead to 
my arrest, and that he might as well take charge 
of me at once,^^ 

^^As you did not kill him who could have 
committed the crime ? 


206 My Mysterious Clients* 

noticed that Morgan^s room is divided 
into a sitting room and bedroom, the bedroom 
being west of the sitting room* I took a look 
into the bedroom before I came out, and observed 
that a door opens from it into the hall* I noted 
that door, when I went out into the hall, and it 
is at the head of a staircase that leads out of the 
rear of the house* The murderer may have been 
in that room while I was examining Morgan* 
It would take him but an instant to pass through 
that room and down the back stairs into the 
alley, from which he could make his way through 
the unfrequented streets out of the city* There 
is one thing I observed, and which impressed 
me, and which I cannot understand* You know 
when we left Morgan in the park, less than an 
hour before he was killed, he wore a full dress 
suit, white shirt, lawn tie and silk hat* When 
I opened the door, the first thing that attracted 
me was Berths face* I would have recognized 
it in Egypt* There was the round curly head, 
regular features, peculiar curved eyebrows, that 
I have known from childhood* I next noticed 
the blood stains on his vest* Then I observed 
that he had on a blue flannel suit, and a blue 
flannel shirt, with a black cravat* His silk hat 
was sitting on the table all right, but a soft felt 


The Resurrected Witness. 207 

hat was lying on the floor at his side. Why 
did he take off his dress suit and put on a rig 
of that kind at that time of night ? 

^Tt is very singular/^ mused Gage, ^^and 
may in some way assist us to unravel the mys- 
tery.^^ 

^^You ask me/^ said Jerome, Who could 
have done it ? Are there not injured husbands 
enough, and fathers with broken hearts to take 
vengeance on him ? The murderer does not 
necessarily live here. In his trips around the 
circuit of the races he has many, many and many 
an enemy. The pitcher that goes often to the 
well, comes back broken at last. Sometime and 
somewhere he has crossed the wrong man, and 
in consequence he is lying dead over at the Ly- 
brand House. Of course, I expect you to take 
care of my case. I have more confidence in you 
than any other attorney in the country, and I 
know you will not leave a stone unturned to 
save me.^^ 

Where is the pistol that did the work ? 
inquired Gage. 

^^Here,^^ said the sheriff. ^^When I took 
charge of Jerome the clerk handed me this, 
saying he picked it up in the room near where 
Morgan was lying,^^ and he handed a revolver 


208 My Mysterious Clients. 

to Gage. He turned it over and examined 
every part of it closely. It was an ordinary 
thirty-two caliber pistol^ with six barrels^ one of 
which held an empty shell of a cartridge. As 
he turned it over his eyes caught two initial 
letters that were engraved into the handle. When 
he observed what the initials were he started^ 
and the pistol nearly dropped from his hand. 

Look here, Jerome, what do you think of that ? 
Jerome turned pale as he observed the letters 
^^J. M.^^ neatly and clearly cut into the under 
side of the handle. ** My initials. Did you ever 
see such a fatal coincidence. I never owned a 
pistol in my life, never carried one, do not be- 
lieve in it. However this may make against 
me, it will also help me, for we now have the 
initials of the murderer, and they may be a clue 
that will lead to his discovery 

^^Jerome, you ought to be a lawyer.^^ 

Or a detective,^^ replied Jerome, still exam- 
ining the pistol. See, here on the butt of the 
handle is the name of the maker, and that is 
followed by ^For Chas. Bracket, N. Y.^ Chas. 
Bracket is the dealer who sold the pistol to the 
original purchaser.^^ 

** This is a valuable lead,^^ replied Gage, if 


The Resurrected Witness. 209 

Bracket remembers whom he sold it to, the re- 
sult may be great.^^ 

John, go and see my sister ; break this thing 
gently as possible, it will nearly kill her, but she 
must learn it soon, and you can break the force 
of it better than any one.^^ 

When John Gage came away from the Mar- 
tinis cottage, his eyes were moist. Inside the 
cottage, prostrate on a couch, Sally Martin was 
lying, silently sobbing. When the dawn broke 
she was still lying there, the big tears softly 
welling from her eyes, and her heart swollen 
and aching with grief. 

When Gage returned to his hotel, he went 
up to Morgan^s room. His body was dressed 
and laid out for burial. His mother, who had 
come from a neighboring village, where she 
lived, was sitting by his side. Her strong face 
bore a sad and anxious look, but there were no 
traces of tears. As Gage looked at her he saw 
where her son got his handsome face and square 
figure. He could see Berths eyes, nose and 
mouth, and the decided chin. He looked at 
Berths familiar face, lying there, peaceful and 
quiet, as though chiseled from marble, and was 
startled at the strong resemblance he bore to his 


210 My Mysterious Clients* 

mother* ^^It is very easy to see you are his 
mother/^ Gage remarked* 

^^Yes/^ she replied* ^^He is my child* I 
suffered enough bringing him into the world, 
and was worried to death with him during his 
boyhood, and now that he is a man, and in a 
position to be a comfort to me, he is taken off in 
this horrible manner* Why is it all so ? 

I trust we may find the villain who mur- 
dered him,^^ said Gage* 

To this she made no answer, but seemed to 
be looking dreamily into space* Gage noticed 
that she did not respond to this remark and 
commented on it to himself* He opened the 
door of the bedroom and noted carefully the in- 
terior* A wardrobe stood in the corner* He 
opened it and examined the contents* No dress 
suit was there* Morgan was laid out in a 
Prince Albert and light trousers* The blue suit 
and shirt Jerome had described were lying 
across the bed* Where was the dress suit 
Morgan had worn within an hour of his death ? 
Did his watch, money and diamonds disappear 
with the suit ? K so, the object of the murder 
was robbery* But what criminal would think 
of committing a robbery at the point of a pistol 
in a hotel that was full of guests, many of whom 


The Resurrected Witness* 211 

had not yet retired* How came Bert to be dressed 
in this blue suit ? Did he come to his room^ 
change his clothes and then encounter a sneak 
thief, who shot him on the impulsive fear of be- 
ing discovered and made his escape, taking with 
him the dress suit and the valuables it contained ? 
It seemed incredible* He examined the flannel 
suit carefully* It was such a one as you would 
expect to see on a sailor, but the very opposite 
of anything he had ever known Bert Morgan to 
wear* The wardrobe was full of fine checkered 
suits, Scotch plaids, clothes that were fashion- 
able and at the same time had the breezy air of 
the race course* He went back to the sitting- 
room and addressing Mrs* Morgan, asked her 
if she did not think it strange that Bert should 
have been dressed in that blue flannel suit at the 
time he was killed* 

At this question she started and looked at 
him with a glance that seemed to search his 
soul* In a moment she resumed her usual ap- 
pearance of dreamy sadness and replied, No, 
he was constantly changing his clothes, buying 
new ones, different from what he had before* It 
was just like him to take off his dress suit and 
put on a working man^s*^^ 


212 My Mysterious Clients* 

What has become of his dress suit^ watch^ 
diamond and money ? 

**1 don^t know/^ she replied wearily* ^^This 
room was crowded with people immediately 
after he was killed* A sneak thief may have 
taken advantage of the excitement and made 
away with those things* They are of no use 
to him now/^ and she placed her hand tenderly 
on the forehead of her dead boy* 

Gage went to his room and all night turned 
over the circumstances of the murder^ until 
about five o^clock in the mornings when he fell 
into a troubled sleep* 

The grand jury indicted Jerome Martin for 
murder in the first degree, the penalty for which 
was death by hanging* 

Gage realized that he had a desperate case* 
Jerome^s jealousy of Morgan, his quarrel and 
threat to kill him, followed by his being discov- 
ered bending over his dead body, his initials en- 
graved on the pistol that had done the execution,, 
all were strong circumstances uniting to make 
an almost invincible case for the prosecution* 
Jerome^s story was plausible, but there was 
nothing to corroborate it* His theory that the 
murderer went out through the bedroom was 


The Resurrected Witness. 213 

weak. How would the murderer know that 
there was a door into the hall from the bedroom ? 
He would naturally go out the way he came in^ 
through the door in the sitting room. The door 
from the bedroom into the hall was locked with 
a spring lock. Would a murderer^ fleeing for 
his life, take the time and trouble to shut a door, 
the noise of which would give him away ? 

Gage revolved all the facts, circumstances 
and clues that he had gathered through many a 
sleepless night. 

He went to New York, taking with him two 
photographs of Morgan, one of them full length 
in his dress suit; a photograph of Martin, and 
the revolver that had killed Morgan. He called 
first on a famous detective, who was an expert 
in his profession, and left with him the full- 
length photograph showing Morgan in his dress 
suit. 

The detective examined it under a strong 
glass, noticed the peculiar fob charm and other 
marks by which he could identify this suit if he 
ever saw it. 

Gage found Brackets gun shop in a retired 
street in the great city. Bracket was a little 
man, with small, shining eyes and a broad, 
smiling face. Gage showed him the pistol and 


214 My Mysterious Clients* 

inquired if he recognized it* He examined it 
carefully and said^ ** Yes*^^ 

** Do you remember the man to whom you 
sold it ? 

I sold it about two months ago* I would 
know the man if I saw him*^^ 

Have you any idea where he is ? 

^^No, not the slightest* I have never seen 
him since*^^ 

Gage showed him Martinis photograph and 
inquired if he had ever seen that man^ and he 
said, No*^^ 

He is not the man to whom you sold the 

pistol 

No*^^ 

Will you swear to that ? 

^^Yes*^^ 

This was an important point* A short time 
before Morgan was killed, the pistol that killed 
him was sold to a stranger, from whom Martin 
must have got it if he was guilty* He showed 
Bracket the letters cut into the handle of the 
pistol* ** That was done after the pistol left my 
store, probably by some jeweler* What sort of 
a looking man was this that was killed 
Gage produced the photograph of Morgan* 

**WhYf that ^s the man I sold the pistol to ! ** 


The Resurrected Witness. 215 

exclaimed Bracket. Gage stood looking at him 
transfixed. 

** Sure ? at length he gasped. 

swear to it/^ replied Bracket. ^^He 
was a very handsome and striking man; his 
face made a strong impression on me^ and I re- 
called it the moment I saw the pistol.^^ 

Gagers brain was busy. Morgan was killed 
with his own pistol. Did he commit suicide ? 
That theory would gibe well with Martinis 
story. If it was his pistol why were the letters 
M.^^ engraved upon it? No matter about 
that ; he did not have to account for that. He 
would prove that this pistol belonged to Bert 
Morgan by the man who sold it to him. It was 
lying at his side in his room when he was found 
dead. 

He asked the gunsmith how he was dressed. 

I remember that distinctly. He wore a suit 
of blue flannels^ blue flannel shirt and a black 
silk necktie.^^ 

'"A sailor's outfit ? " 

^^Yes." 

Gage saw clearly with what tremendous ef- 
fect he could introduce this evidence and devel- 
op the suicide theory^ and at the same time he 
did not believe it himself. He understood Bert 


216 My Mysterious Clients. 

Morgan^s character and disposition thoroughly. 
He was physically strong and vigorous^ with 
an enormous vitality, of the earth earthy, and 
loved life and the material things of this world 
to a degree that precluded him from ever think- 
ing of such a thing as suicide. Gage returned 
home and called at the jail. The sheriff told 
him that he had had an interview with the man 
whose back yard was opposite the alley entrance 
of the hotel. That he was going to his home 
by way of the alley, shortly after the time Mor- 
gan was reported to have been killed, and saw 
a man wearing a light overcoat and soft hat, 
which he recognized as Morgan^s, pass from 
the stairway of the hotel into the alley and pro- 
ceed in the direction of Hamtramck street, and 
supposed at the time that the man was Morgan. 

Here was a new complication. If this man 
was the criminal, what became of the suicide 
theory. He might have shot Morgan, after 
Morgan had fired his pistol, missing him; or he 
may have been an ordinary sneak thief, who 
had taken Morgan^s dress suit after the murder 
and put on Morgan^s light overcoat and soft hat, 
for the very purpose of leading people in the 
village to believe he was Morgan, and thereby 
conceal his identity. Such an expedient would 


The Resurrected Witness. 2J7 

have been brilliant^ and would never occur to 
any one but a genius in crime. 

The day came around at last on which Jerome 
Martin was to stand his trial. 

The old court room was similar to other 
court rooms in this country for time out of 
mind. The judge^s bench, with its high desk, 
rested against the north wall. In a niche, im- 
mediately above it, a bronze statue of Justice, 
with her eyes properly bandaged, stood holding 
aloft the traditional scales. To the right of the 
bench was the jury box. A railing ran across 
the middle of the room, inclosing the part that 
was sacred to the bar. 

The entire court room, including the bar, was 
packed with people of both sexes. 

Gage sat at a table in front of the bench and 
next to the jury. His client and his client^s sis- 
ter were immediately back of him, both of them 
very pale and anxious. 

To the right of him the prosecuting attorney 
was sitting at a table. He was a large man, 
with a very red face and bushy red hair. He had 
made up his mind that Martin was guilty ; had 
prepared his case carefully, and frequently had 
been heard to say that Martin had not a ghost 


2J8 My Mysterious Clients. 

of a chance to escape. His table was covered 
with books and briefs. 

The judge^ a benignant old gentleman^ with 
snow-white locks, was seated on the bench, and 
the jury was impaneled. 

Gage had received a letter from Bracket that 
he would come some time in the afternoon. He 
did not like to risk going into the trial until all 
of his witnesses were present. He showed the 
letter to the judge, who said: We will go on 
with the trial, and if he is not here when you 
want him, we will wait until he comes 

State your case,^^ he said, addressing the 
prosecution. 

The prosecutor briefly reviewed the facts 
with which the reader is familiar and closed with 
an appeal to the jury to suppress sympathy and 
sentiment and rise to the height of their great 
duty to the public and the state. 

Gage quietly reminded the jury that a man 
was presumed to be innocent until he was 
proven guilty. That hundreds of innocent men 
had been convicted and executed on circumstan- 
tial evidence fully as strong as that that would 
be adduced in this case. That the prisoner 
would, under the solemnity of an oath, declare 
his innocence and explain his presence at the 


The Resurrected Witness* H9 

scene of the tragedy^ as he had done when he 
was discovered there and repeatedly ever since* 
I expect/^ said he, before I close the defense, 
to offer evidence that will convince every person 
in this court room of the absolute innocence of 
my client, and clear his name forever from the 
dark stain that now rests upon it*^^ Gage 
uttered the closing remark with an earnestness 
and confidence that cheered and encouraged the 
prisoner and his friends and disturbed the prose- 
cution* The prosecutor leaned back and whis- 
pered to his associate, Gage has something up 
his sleeve,^^ who replied, ** I think he has, but 
like as not it is a roorback*^^ 

A telegram was handed Gage as he took his 
seat* He hastily opened it and read : 

On board train H* R* & N* Y* C* Ry* : 

John Gage, Lyons — Will be with you at 3 
p* m* to-day* Do not rely on the suicide theory* 
BRACKET* 

What in the world could he mean by that ? 
Gage mentally ejaculated* Was he going back 
on the statement he had made to him several 
months before? No, he must swear that he 
sold the pistol to Bert Morgan, and that was all 
he wanted to establish the suicide theory* If he 


220 My Mysterious Clients. 

swore to that, Gage would take care of the 
rest. 

Witness after witness was put on the stand ; 
the scene in the park, the threat to kill, the dis- 
covery of the prisoner in the room of the mur- 
dered man immediately after the fatal shot was 
fired, were presented in strong colors like a pan- 
orama of vivid pictures. The pistol with the 
tell-tale initials was offered in evidence, and the 
attention of the court and jury was directed to 
the letters that stood for the name of Jerome 
Martin. Mrs. Morgan identified the murdered 
man as her son, and Gage drew from her on 
cross-examination that he was found dressed in 
a suit she had never seen him wear before ; that 
his dress suit, together with his watch, diamond 
and pocket book, disappeared that night and had 
never been seen since. It was after 3 in the 
afternoon when the prosecution closed its case. 
Gage placed the prisoner on the stand. He told 
the same story he had told to Gage immediately 
after he was arrested and had told to hundreds 
of others since. With impressive solemnity he 
appealed to God to witness that he was innocent. 

While he was testifying. Gage was looking 
anxiously toward the door for the appearance of 
Bracket. As Martin closed his testimony and 


The Resurrected Witness* 221 

was leaving the stands his attorney was relieved 
to see Bracket making his way through the 
crowds from a witness room^ that he must have 
entered from the halL He stepped up to Gage, 
shook hands with him, and whispered something 
in his ear that caused him to open his eyes to 
their widest extent and to look at him dumb 
with amazement* 

My God, that is impossible ! he said* 

No, sir ; it is true* He is there in the wit- 
ness room ; call him*^^ 

Are you sure ? 

Yes, sure*^^ 

If there is any mistake about this. Bracket, 
it will ruin us, and a man^s life is hanging here 
by a thread*^^ 

ril take the responsibility* It is all right* 
I would not get up a farce at a time like this*^^ 
This conversation was all pantomime to the 
audience, but it understood from the earnestness 
of the parties, and the astonished expression on 
the face of Gage, that something sensational and 
unexpected was coming, and they were not dis- 
appointed* 

The court said : Are you ready with your 

next witness, Mr* Gage ? 

Yes, your honor; I call Bert Morgan*^^ 


222 My Mysterious Clients* 

A hush went over the entire assemblage* It 
caught its breath and waited to see if he had 
not made a mistake* 

You do not mean to call the murdered man 
from his grave, do you?^^ said the prosecutor, 
shaking his red head until the sparks seemed to 
fly from it* 

No, sir ; I mean to call a man you have 
been trying to prove was murdered, but who 
never was murdered,^^ rejoined Gage* 

Just then an exclamation of astonishment 
swept over the audience* 

There was scarcely a person in that court 
room who had not seen the murdered man lying 
upon his bier at the hotel* The most of them 
had attended the funeral and seen him lowered 
into his grave* His pall bearers were there, 
and the undertaker who had drained his blood 
from his veins and embalmed his body, all of 
whom would have sworn on a stack of Bibles 
piled to the stars that Bert Morgan was as dead 
as Julius Caesar, and yet there was the square 
figure, the clean-shaved face, and round curly 
head, familiar to them all, making his way 
through the crowd* It was Berths form and face, 
and he walked with Berths gait* If the people 
were astonished when they heard his name 


The Resurrected Witness. 223 

called as a witness^ they were simply paralyzed 
now^ and looked at the well-known figure, as 
it passed through the bar, scarcely crediting their 
senses. There he was, and yet it was not pos- 
sible. With uplifted hand he took the oath and 
seated himself in the witness box. He glanced 
calmly over the breathless and expectant audi- 
ence, every one of whom he was personally ac- 
quainted with. His face, usually cheerful and 
smiling, was now extremely sad and careworn. 
Gage commenced the examination. 

You may state your name.^^ 

^'Herbert Morgan.'' 

Better known as Bert Morgan ? " 

Yes, sir." 

** The last time I saw you was in the even- 
ing in the park, about an hour before you were 
reported to have been killed. Please give us a 
history of your proceedings from that time until 
the present." 

'^To make myself clear, I will have to go 
back a little in the history of our family. I had 
a twin brother, who left home when he was a 
boy, and before we came into this part of the 
country. He went to sea as a sailor, and trav- 
eled all over the world. My mother was close- 
mouthed, and after we came into this part of the 


224 My Mysterious Clients* 

country^ we did not disclose his existence* We 
had not seen him for seventeen years^ and really 
never expected to see him again* Several years 
since, my father died, without a will, leaving 
my brother and myself his sole heirs to a small 
fortune, subject to the dower of my mother* I 
made some unfortunate investments and lost 
the entire estate left by my father* 

On the evening you mention, I went from 
the park to my room in the hotel* While I was 
there preparing to retire, my brother suddenly 
and most unexpectedly entered the room* If I 
had never seen him I would have recognized 
him from his perfect resemblance to myself* He 
did not offer me his hand, but demanded to 
know if it was true that I had squandered his 
inheritance in gambling and horse racing* I 
replied that it was not true* I had made some 
unfortunate investments ; that good money had 
followed bad, until it was all gone* 

His face was deeply flushed ; he was very 
much excited and had evidently been drinking 
heavily* I knew from reports I had received 
that he was a very desperate character* He had 
been all over the world, always associating with 
the roughest people ; had been one of a band of 
Italian brigands* 


The Resurrected Witness* 


225 


** I saw the blood rush into his face and eyes^ 
and instantly reached for my revolver^ but only 
with a view to protect myself* I think he mis- 
took my purpose^ for quicker than a flash he 
whipped out his pistol^ and we both fired simul- 
taneously* The reports sounded like one* I 
believe he was acting under the same notion I 
was^ both of us^ under a mistake fired, as we 
thought, in self-defense* His ball took effect in 
my left shoulder* When I saw him fall I was 
filled with horror* I realized the danger I was 
in and hastened to my bedroom, took from a 
hook a light overcoat to disguise my dress suit 
and a felt hat* I opened the door from the bed- 
room into the hall, passed out and closed it 
quietly, just as some one entered the door of the 
sitting room* I slipped down the back stairs, 
out into the alley and down the back streets to 
the railroad* I walked on the railroad track to 
the next station, from which I took the morning 
train to New York* Last night a detective saw 
me at a theater* He followed me to my room* 
This morning he and Bracket called on me* 
Bracket insisted that he had sold me a pistol 
some months since* I, of course, denied it and 
told him it must have been my brother* Then 
he said, ^ It was your brother that was killed*^ 


226 My Mysterious Clients* 

I had carried this burden as long; as I could 
stand it and made a clean breast of the whole 
business* The detective and Bracket persuaded 
me that I owed it to Martin and that it would 
be better for me to come here and testify to the 
real facts in the case^ which I have done*^^ 

Here the judge interposed* ^Tt will be un- 
necessary to cross-examine this witness* Every 
one in the room recognizes that he is Herbert 
Morgan and that the prisoner is innocent, and 
cannot be acquitted too soon* Gentlemen of the 
jury, you can retire, elect a foreman and return 
a verdict of not guilty *^^ 


IX. 

A GLIMPSE OF SANTA CLAUS. 


S T was Christmas Eve, and Grandpa was 
sitting in his library in his easy chair 
studying the architectural designs presented by 
the crumbling and ever-changing conditions of 
a wood fire that was blazing in an old-fashioned 
fireplace. He had finished his newspaper and 
was perfectly comfortable and utterly indifferent 
as to whether school kept or not. He was not 
even disturbed by the romping and shouts of 
laughter of his four little granddaughters^ who 
were making the welkin ring in the adjoining 
room. 

Presently there was silence^ and he heard a 
proposition that Grandpa should be called upon 
to tell them a story. 

The old gentleman looked around for some 
avenue of escape, but before he could carry the 
project into execution the four girls, with danc- 
ing eyes and beaming cheeks, curly heads and 


C227) 


228 My Mysterious Clients* 

happy faces were clambering all over him and 
literally drafted him into telling a story* One 
thoughtful youngster^ who knew the enchanting 
effect of tobacco, filled his long-stemmed briar- 
root pipe, and placing it in his mouth, proceeded 
very daintily to light it* 

The wreaths of smoke formed a halo about 
his head ; he looked dreamily into the fire and 
said : I suppose, children, you want a regular 

old-fashioned Xmas story, something that will 
keep you awake*^^ 

^^Yes, that is it exactly,^^ they cried in a 
chorus* 

Something that is probably true, and at the 
same time wonderful ? 

Yes,^^ said four-year-old Maud, ^^tomething 
that is true and wonnerful*^^ 

Like Aladdin^s Lamp, for instance ? 

^^Oh, yes,^^ and they all clapped their hands* 
story like Aladdin^s Lamp*^^ 

By this time one of the little girls was seated 
on the old gentleman^s knee, and the other three 
were planted on a sofa very near to him, wait- 
ing with delightful expectation the forthcoming 
story* Grandpa sent up a curling wreath of 
smoke, gazed thoughtfully into the fire and com- 
menced : 


229 


A Glimpse of Santa Claus. 

^^Away up in Norway on the Atlantic coast, 
near a dreary wood, in a story-and-a-half log 
house, lived an honest fisherman and his wife 
and beautiful daughter ChristabeL 

Christabel was a flaxen-haired, blue-eyed 
little girl of about six years. She was the 
owner of a little sled that her father had made 
for her, and was in the habit, when the tide was 
running out, of going to a place near her home, 
where there was a hill that sloped down to the 
sandy beach, where the receding waves of the 
Atlantic lapped the sand. 

** On a certain afternoon before Xmas she 
bundled herself up, got out her sled, kissed her 
mamma good-bye, and ran as fast as her little 
legs would carry her to her favorite coasting 
place. None of her little friends had yet ar- 
rived. She drew her sled to the top of the hill, 
and there, near the roots of a large oak tree, sat 
down upon it, planted her feet firmly on the 
round that crossed the front end of the runners 
and commenced to slide down the hill. 

Just as she started she noticed a sailboat 
coming upon the beach. Faster and faster ran 
her sled until it struck the icy surface that cov- 
ered the sand, when it glided rapidly, with a 
gurgling sound, right toward the sailboat, the 


230 My Mysterious Clients* 

bow of which was now resting upon the beach* 
The queerest-looking old woman you ever saw 
stepped out of the boat* She was dressed in red 
flannels and wrapped in a thick, red cloak* She 
carried a cane and was bent nearly double* Her 
chin and nose nearly met, and she smoked a 
short clay pipe* 

As the sled came to a stop within a few 
feet of her, she clapped her hands and laughed 
a cackling, cracked old woman^s laugh* ^ Well,, 
my dearie, do you want to take a ride with your 
old auntie ? I did not expect you so soon,^ and,, 
before the sweet little Christabel could think,, 
the old woman picked her up in her arms,, 
lifted her into the boat, pushed it from the beach,, 
and jumped in after her* Christabel commenced 
to cry and beg the old woman to put her on the 
shore* 

After a while, dearie* You must take a 
ride with me first,^ and the old witch turned the 
helm and let go the sheet, the sail caught the 
breeze, and in another moment the boat was 
skipping over the dark blue sea, and running a 
race with the cold waves* Christabel saw the 
shore and the hill, the old oak tree, and the dear 
old home, where her papa and mamma were 
waiting for her, fade out of sight* Whichever 


A Glimpse of Santa Claus* 23 J 

way she looked, she could see nothing but the 
foaming blue waves. She buried her face in 
her handkerchief and wept bitterly. The more 
she cried, the more the old hag seemed to be 
pleased. She chuckled and muttered to herself, 
^to think of her coming down to meet me, just 
as I landed.^ She slapped her knee, and laughed 
in a shrill cracked voice, that was a good ac- 
companiment to the creaking of the cordage and 
the surge of waters as they parted, clipped by 
the bow of the speeding boat. Christabel wept 
and pleaded, and implored the old woman in 
tones that would have melted a stone wall to 
take her back to her mamma. But she puffed 
away at her short black pipe, and the appeals of 
the little girl only raised her spirits. * No, no, 
my dearie ; it is n^t often that I have as sweet a 
little morsel as you. You must make your old 
auntie a visit in her own home. Ha-ha-ha-ha. 
You will be surprised at the Brussels carpet, 
the mahogany furniture, and the chiny,^ and 
again the shrill laugh of the old woman rang 
out over the waste of waters like the wild glee 
of some evil spirit. • 

The little sail boat ploughed through the 
water, cutting the waves in front and scattering 
them in foam behind, until Christabel observed 


232 My Mysterious Clients. 

that they were approaching an island. The old 
woman gave the helm a turn, pulled in the 
sheet, the sail flapped, and in another minute 
the bow of the boat had run on the sand. She 
directed Christabel to go ashore, which she did, 
and the old woman followed her. 

Now, my dearie, come with me and you 
will soon see your future home, but not for long, 
oh, not for long.^ The old woman, bent nearly 
double, striking her cane on the ground, com- 
menced to walk in the direction of a huge pile 
of rocks, and poor little Christabel, With her 
heart in her mouth, followed her. 

They came at length to this pile of rocks, 
and the old woman walked around it, until she 
came to an opening. Bending down, she crawled 
through it and bade Christabel follow, which 
she did, and found herself in an immense cavern, 
with a rocky floor and walls, and a high vaulted 
ceiling of stone. A fire was burning in one cor- 
ner of the cavern. A block of stone served for 
the table, three other stones served for seats. A 
colored girl, about half clothed, was stirring some 
broth that was bubbling in a kettle over the fire. 

** Oh, ho, Clorinda, see the lovely guest we 
must entertain to-night.^ 

** Clorinda looked up smiling, but when she 


233 


A Glimpse of Santa Claus. 

caught sight of Christabel her face lengthened^ 
and she muttered to herself^ ^Po^ little thing.^ 
^ Clorinda^ my lady has traveled a long ways 
and is hungry. Give her a bowl of gruel^ 
and make it stiff and slab.^ And the old woman 
stamped around the room, striking her cane on 
the stone floor until it rang, puffing her pipe 
and chuckling to herself until she seemed pos- 
sessed. 

** Clorinda gave Christabel a bowl of gruel, 
which really tasted good to her, for she was 
hungry and the gruel was hot and nicely 
seasoned. The old woman also dined on gruel. 
After which she folded her red cloak around her 
and lay down on a bed of leaves in the corner 
of the cavern, saying to Clorinda, ^ Wake me at 
12.^ Clorinda brushed off the stone table and 
put away the bowls, all the time murmuring to 
herself, ' The po^ little dear ; the po^ little dear.^ 
Christabel thought she had a kind face and 
finally plucked tip courage to speak to her. 
* Why does she want you to wake her at 12 ? ^ 
Clorinda raised her finger and walking over to 
her on tip-toe, whispered, ^ Do n^t speak so loud ; 
she can hear in her sleep. You po^ little lamb.^ 
Christabel began to be very much fright- 
ened. Clorinda looked so mysterious and sor- 


234 My Mysterious Clients. 

rowful. * Why^ what is the matter ? ^ she 
inquired. Clorinda replied, * She is an old witch.^ 

* Can she ride on a broomstick ? ^ 

* I dunno. I never saw her. She can do 
most anything that is bad.^ 

* But why does she want you to wake her 
at \2 o^clock?^ 

Clorinda beckoned the little girl to follow 
her, and led her into a narrow passage between 
the rocks until they came to a chasm that opened 
in the stone floor at their feet. By the light of a 
tallow dip that the colored girl held over this 
open place, Christabel looked down and saw 
that it was deep as a well, and at the bottom she 
could see a running stream of water. * The last 
little girl we had here was thrown down into 
that place at just 12 o^clock.^ 

Christabel shuddered and ran back into the 
cavern. She sat down on one of the stone seats^ 
frozen with fear. She thought of her dear home 
and mamma and papa and the happy Christ- 
mas day that she had been looking forward to 
with so much pleasure, and then the thought of 
that terrible chasm with the water at the bottom 
caused her heart to stop beating. She looked at 
Clorinda so helplessly and with such an appeal- 


A Glimpse of Santa Claus* 235 

ing glance as brought tears to the colored girFs 
eyes* 

* Oh> dear Clorinda, won^t you save me ? ^ 

* My dea^ honey^ I dasent* The old thing 
would throw me down in that awful hole*^ 

can get out and get into the sailboat 
and go back to my father^s* He is a strong 
man, and not afraid of anyone*^ 

* My dea^ chiF, I can ^t sail a boat, and if I 
could, that ole witch would follow me to the 
ends of the earth*^ 

An old-fashioned clock, with pendulum and 
weights in full view, hung on one of the walls 
of the cavern, and Christabel noticed that it was 
8 o^clock* In four hours it would be I2o^clock, 
the old witch would awaken and then — Christa- 
bel shuddered at the thought* She was very 
tired* The ride on the water through the cold, 
bracing salt air, the change to the warm cavern 
with the hot broth made her sleepy in spite of 
her terror* She leaned back into a corner of the 
cavern and was soon fast asleep* She dreamed 
of her home and of her stocking hanging in the 
chimney corner and the merry Christmas greet- 
ings of her papa and mamma, and then she 
dreamed of the cavern and the witch, of Clorinda 
and the opening in the rocks with the black 


236 My Mysterious Clients. 

stream at the bottom^ and awakened with a 
start. 

The fire was burning low and was nearly 
out. Clorinda and the old woman were both 
sound asleep. She got up very quietly and 
walked across the room on tip-toe and looked at 
the old-fashioned clock. It was ten minutes of 
12. She felt the cold chills running down her 
back and thought of the horrible deep place 
where the old witch amused herself by throwing 
in little girls. In a few minutes more the clock 
would strike and the old woman would certainly 
awaken. 

While these thoughts were passing through 
her mind she noticed that a part of the stone 
wall seemed to be moving^ slowly it moved in- 
ward as a door moves on its hinges until an 
opening appeared and a beautiful boy dressed in 
pure white — white coat^ white vest^ knee pants^ 
silk stockings and slippers, and covered with little 
tinkling silver bells, stepped into the room. He 
placed his finger on his lips and beckoned 
Christabel to come to him, which she did on her 
tip-toes. She heard the old witch moving when 
the boy pulled her through the open place and 
the stone door closed after them. ^Now we 
are all safe,^ the boy said, smiling. 


A Glimpse of Santa Claus. 237 

She was standing in a marble hall^ lighted 
by lamps that were hanging from a ceiling that 
was most beautifully frescoed. He took her by 
the hand and led her through the hall to a room 
that was as large as three or four ordinary par- 
lors^ that was framed in marble and brilliantly 
lighted by any number of lamps swinging from 
the pictured ceiling. 

^^Here were about twenty boys and girls^ 
all dressed in white and covered with hundreds 
of little silver bells that tinkled as they walked. 
Seated on a high seat was a band of minstrels 
playing on musical instruments different from 
any Christabel had ever seen^ and makings as 
she thought^ the sweetest music she had ever 
heard. The little boy, still holding her hand, 
addressed his comrades: ^My fellow fairies, 
allow me to introduce to you a young lady from 
the outer world, a child of the human family. 
She had fallen into the clutches of the Red 
Ogress. By the merest accident I went into the 
cavern, discovered the child, and brought her 
here.^ 

A little fat woman, who was about as tall 
as Christabel, and seated on a platform, inquired, 
^ Is the secret door that leads into the cavern se- 
curely locked?^ 


238 My Mysterious Clients. 

^^^The secret door is safely locked and 
chained/ the boy replied. 

** * Then/ said the little lady, * let the festivi- 
ties proceed.^ 

** Immediately the band struck up, the fairies 
fell into line two by two and marched around 
the hall, keeping step to the music. Christabel 
marched in the procession with the beautiful 
fairy who had rescued her. After the march they 
broke up into cotillions and waltzes, and all the 
dances she had ever heard of, and a great many 
more she had never heard of. 

^^On a motion from the little fat woman 
sitting on the raised seat, the dancing stopped 
and she addressed her subjects : Tt is now past 
midnight. In a few hours the dawn will break 
on another Christmas. Before that time the 
young lady who is our honored guest must be 
restored to her home and her parents, who, no 
doubt, are nearly distracted by this time. I com- 
mand you, Guy Lightheart, to take our fleet 
yacht and carry her across the sea to her father^s 
home, and thence return hither.^ 

A marble door swung on its rocky hinges 
and Christabel saw through the opening the 
rolling sea glittering in the moonlight. With a 
graceful curtesy she bid her fairy friends good- 


239 


A Glimpse of Santa Claus* 

hyc, and proceeded with Guy Lightheart out of 
the enchanted hall and down the sandy beach 
to where a rakish looking yacht was rocking 
on the water* She stepped from a natural 
dock into a boat* The fairy sprang after her^ 
caught the helm^ pulled up the sail which 
caught the wind, and away they sailed from 
the island* 

The wind was blowing fresh and the waves 
were rolling in great foaming billows* The 
night was clear and frosty, and, as far as she 
could see, the moon lighted a sea of dancing 
whitecaps* The fairy sailor entertained her 
with many a story of the Red Ogress, and she 
could not express her gratitude for her happy 
escape* 

** When they had sailed quite out of sight of 
the island, Christabel, while looking back and 
trying to discover it, noticed in the distance the 
masts of a ship shining in the moonlight* * Look, 
Guy, there is a big ship coming this way*^ 

* Sure enough, that is what it is* See how 
fast it comes* It seems to glide through the 
water without a sound*^ The big ship was now 
near them, and, as Guy said, it moved rapidly 
through the water without making any noise* 
The spars, the bulwarks and the deck shone in 


240 My Mysterious Clients* 

the moonlight^ and every object on the vessel 
could be seen as plain as day* With a thrill of 
pleasure Christabel saw that the ship was stacked 
up and loaded with all the kinds of Christmas 
gifts she had ever heard of* Music boxes^ and 
brass trumpets, fur robes and fancy caps, were 
hanging from the bowsprit* Boys^ and girls^ 
skates, snare drums, bugles, Noah^s arks, baga- 
telle boards, military suits, swords and guns, 
were hung upon the masts, making them look 
like so many Christmas trees* On the deck 
there was a perfect forest of dolls* Dolls in pink 
and dolls in white* Dolls in hoods, dolls in 
hats and dolls in caps* Two or three hundred 
of them were looking at Christabel over the 
gunwale* Some of them blondes and some bru- 
nettes, some on horseback, some in lace and silk 
and low neck party dresses, and some in street 
costume with fancy parasols in their hands* 
Their cheeks were red as apples and their eyes 
shone like stars* They looked down at Christa- 
bel so saucily and smiled so knowingly, the 
flaxen and dark locks curled down around their 
foreheads so mischievously that Christabel 
wanted to climb onto the ship and have a romp 
with the dear little dolls* 

** In the stern of the ship the traditional eight 


241 


A Glimpse of Santa Claus* 

tiny reindeers were harnessed to the famous sled^ 
that was loaded to the guards with sugar plums 
and toys* High up above the deck on the 
bridge stood a dumpy little man^ with a fur cap^ 
a long white beards a short pipe and a merry 
twinkle in his eye* He held a marine glass in 
his hand^ through which he occasionally looked 
in the direction the ship was sailing* The beauti- 
ful ship, loaded with Christmas gifts, swiftly and 
silently glided by the little yacht* 

As it was passing, the dumpy little man 
turned and raised a speaking trumpet to his lips 
and called out to Christabel in a voice that was 
perfectly clear and musical, * Do not forget to 
hangup your stocking*^ To which Guy replied, 
* You bet, that is one of the things we never for- 
get* We might forget our names, but we would 
never forget to hang up our stockings on Christ- 
mas eve*^ 

^^This seemed to amuse the dumpy little 
man hugely, for he held his sides and shook and 
nearly strangled with tobacco smoke* The ship 
was now passing out of sight, and Christabel 
noticed in large golden letters across the stern : 

THE SANTA CLAUS, 

OF 

ICELAND* 


242 My Mysterious Clients. 

And then it entirely disappeared like a beautiful 
dream, and in its place, to Christabers delight, 
she saw the sandy beach, the coasting hill, the 
old oak tree and her father^s house. The boat 
ran up on the beach, Christabel jumped ashore 
and with a gentle push sent the yacht back upon 
the water. While Christabel was expressing 
her thanks, and the fairy wishing her a merry 
Christmas, the boat was brought about, and with 
a full sail headed into the open sea. 

** In a few moments she climbed the hill and 
ran along the road to her father^s house. She 
opened the door and was in her mother^s arms. 

^ Why, Christabel,^ her mamma and papa 
exclaimed, * where on earth have you been ? We 
have scoured the woods and dragged the sea for 
you.^ 

Oh, mamma and* papa, there is too much 
to tell to-night. I am perfectly tired out. Put 
me to bed, and I will tell you everything to- 
morrow. But do not forget to hang up my 
stocking.' 

^^And that,^^ said Grandpa, is the end of the 
story 

^^What did she get in her stocking?'' in- 
quired Maud. 

It does not make any difference what she 


243 


A Glimpse of Santa Claus* 

got in her stocking* That story is ended^ and I 
want you little girls to go to bed and dream of 
Santa Claus*^^ 

That was a buful story, and we thank you 
very much* Good night, Grandpa*^^ 

** Good night, my dears ; and the four little 
curly heads marched off to bed* 


X. 

SANTA CLAUS' DEPUTY. 
^ ^ 


was Xmas Eve, and Jeremiah Money- 
bags, sitting in his well-furnished library,, 
was contemplating reflectively a soft-coal fire 
that was burning brightly in an open grate. 
The wood work in this library was of fine ma- 
hogony ; the furniture corresponded. The vel- 
vet carpets, rugs and curtains, a kind of a 
maroon or wine color, were unexceptional in 
taste and quite comfortable, not to say luxurious. 

A newspaper lay in the old gentleman^s lap, 
and a half-burnt cigar could be detected between 
the fingers of his hand that rested carelessly on 
the cushioned arm of his cosy chair. 

This old gentleman is considerably the 
worse for business. Care has lent a wearied 
expression to his eyes, and dyspepsia carved 
everlasting lines on his face. Melancholy has 
marked him for her own and settled down upon 
his life. He has just returned from an interview 
with his physician, who has advised him that the 


( 244 ) 


245 


Santa Claus^ Deputy* 

cares, confinement and exactions of his business 
are rapidly drawing upon his vitality, and unless 
he shuts down at once he will soon be beyond 
his, the physician^s, reach* 

As he passed through the parlor his wife, 
daughter and grandchildren begged him to stay 
with them and celebrate Christmas Eve* After 
a short stay on some excuse he tore himself 
away, and alone in his library gave himself up 
to the perplexing problems of business* His 
wife and daughter are lovely characters, won- 
derfully attractive, and his grandchildren should 
have been to him a whole circus* The former 
exhausted their ingenuity in efforts to entertain 
him and charm him from the spirit of gain that 
like a fever was consuming his life* A beauti- 
ful lamp designed by Tiffany hung by golden 
chains from the center of the room* Beautiful 
pictures were on the walls* The book-cases 
were stored with all the standard literature and 
collections of art, and yet this old dyspeptic was 
utterly insensible to it all ; wife, home, children 
and grandchildren were a dim reminiscence and 
business a present reality* If it were not for the 
children, he would have been utterly oblivious 
to the fact that it was Christmas Eve* 

He is wondering now if old so and so will 


246 My Mysterious Clients* 

pay that note the day after Christmas^ and what 
the effects on stock would be if old so and so 
should go under* Forty and one schemes are 
hustling through his brain* Thinking of every- 
thing under the sun excepting what he should 
be thinking of* He has been doing this sort of 
thing for forty years* 

During these forty years the blue sky and 
bright sun have shone in beauty above him* 
The varied seasons have unrolled their pano- 
ramic changes to view* Interesting children have 
grown up around him, and grandchildren played 
at his feet, and yet he has gone on as utterly 
oblivious to it all as if he was confined in a dun- 
geon* His eye ever upon fortune riding upon 
her wheel; always just beyond him, but never 
caught* 

Jeremiah sat there revolving the business sit- 
uation while the minutes passed into hours, and 
the two hands on the old clock in the hall pointed 
in amazement to the figure 12* The bell tones 
of the town clock broke the silence* Jeremiah 
counted twelve and murmured to himself, It is 
about time for old Santa Claus to show up and 
for honest folks to be in bed*^^ Just then he was 
startled by a sound up the chimney* What 
the devil is that in the chimney ? he ejaculated*. 


247 


Santa Claus^ Deputy. 

Jeremiah^s was an old-time mansion, built in the 
days when the chimneys took up a large part of a 
house, and he need not have been surprised to 
have seen a two-horse wagon come tumbling 
down it. But it was something lighter and more 
graceful. Commencing at the top he could trace by 
the sound its progress toward the grate. Click, 
click, it came closer and closer until to his utter as- 
tonishment a handsome boy about twelve years of 
age bounded into the room. He was wrapped 
in a seal-skin coat that extended to his feet and 
was trimmed with sable. On his head he wore 
a seal-skin cap, which was drawn down over 
his ears. His cheeks were red, and his eyes 
were blue. His face was round and dimpled 
and roguish. The expression of the old gentle- 
man^s face was a study. Surprise, indignation 
and wonder were in the combination. When 
he had somewhat recovered he commenced^ 
What the devil do you mean by coming into a 
gentleman^s house in this kind of a way ? The 
young gentleman contemplated the old one with 
a patronizing smile, ** I guess you do n^t know 
who I am.^^ ** 1 should say not. As there is no 
mutual friend present, you will have to introduce 
yourself.^^ This the young fellow evidently re- 
garded as humorous, for he sent up a cheery 


248 My Mysterious Clients. 

ringing laugh that echoed along the cornice and 
seemed to be contagious^ for the old gentleman 
also burst into a guffaw that quite shocked the 
ancient clock in the hall that was unaccustomed 
to such hilarity. When the merriment had sub- 
sided the young man said, I am Kris Kringle^s 
deputy. The old man has been traveling around 
the world going down chimneys for 1895 years, 
and commencing to get rheumatic and stiff has 
finally concluded that he might as well do his 
work by deputy, and I am one of his honored 
deputies.^^ 

^^Pooh, pooh,^^ the old man answered, 
Santa Claus is a myth. There is no such thing. 
The children's stockings are filled by their par- 
ents, just as my grandchildren's are this minute 
up stairs.^^ 

You think there is no Santa Claus, come 
with me and I will convince you to the con- 
trary If any one on ^Change had offered to 
bet that the old man would consider that propo- 
sition for a moment odds would have been given 
at once by the whole Board. 

Whether it was a spirit of adventure, curi- 
osity or what mysterious influence moved him 
is beyond my ken ; at any rate he decided at 
once to accept the invitataion ; put on his great 


249 


Santa Claus^ Deputy. 

coat^ fur cap and followed his new acquaint- 
ance out of doors. The ground was covered 
with snow. 

Just beyond his gate a dozen dogs were 
waiting impatiently. The sled was a single 
seated rakish looking craft, that was covered 
with soft fur robes. 

The twain having taken their places and 
wrapped themselves carefully in the furs, the 
young pilot of the expedition produced a whip 
made of twisted pieces of leather, heavy at the 
butt and diminishing gradually into the lash, 
which was of unusual length. With this he 
regulated both the speed and the course of the 
dogs. 

I suppose you are accustomed to this busi- 
ness ? 

They are Laplanders and can go like the 
wind.^^ 

The deputy, Kris Kringle, whirled the lash 
around his head three times, bringing it up sud- 
denly with a crack that sounded like the report of 
a pistol; away the animals sped, drawing them in 
a jiffy through the streets of the city and onto the 
frozen surface of the river. As the banks and 
trees and houses flew by them the young gen- 
tleman remarked, You have been buried so 


250 My Mysterious Clients. 

long in your office that a little fresh air and a 
sight of old nature will do you good ; you have 
been blind to her beauties all your life. It was 
a mistake that you ever came into this world. 
You should have been born on a planet where 
the grass never grew^ the flowers never bloomed^ 
a cold^ sunless rock, surrounded by everlasting 
shadows.^^ The old gentleman became indig- 
nant. Do you know who I am and how much 
I am worth Yes, you are old Moneybags, 
you have made a half million dollars in your 
life and you have got every dollar of it. It is 
on the credit side of your ledger, but when you 
get into the other world you will find that it is 
charged up to you on the other side. You owe 
heaven $500,000, which will not be distributed 
into the proper channels until long after you are 
dead, and then you will not get credit for it.^^ 
On, on the Lapland dogs flew. The bay 
was reached and passed, and they were coasting 
along the shores of the lake. Look here, young 
fellow, I have no desire to visit Europe, Asia, or 
Africa, and I have a wife and family at home 
that will be alarmed if I am not back by day- 
light.^^ ** 1 should think they would, you have 
been such a devoted husband and father, but I 
will get you back by daylight.^^ 


251 


Santa Claus^ Deputy. 

On, on flew the sled over its crystal course, 
the silence of the crispy air broken occasionally 
by the cracking of the young pilot^s long whip 
as he changed his course or increased his speed. 
He seemed to be thoroughly conversant with 
his route, kept his dogs in hand and at the same 
time entertained the old gentleman with stories 
of adventures brimming over with fun to such 
an extent that several states were passed with- 
out his having any conception of the distanee 
they had traveled. He guided his dogs into a 
bay and between the banks of a narrow stream. 
Suddenly the old gentleman became interested. 
Hello, here ! why, I know this country. Why, 
bless me, this is my old county, we are riding up 
Paw-Paw Creek. I have skated over it a thou- 
sand times. I know every curve. See that wil- 
low bending over there ; I have pulled many 
a trout from under its shade. And there is 
Portland, the dear old town I can remember 
when I thought it was the metropolis of the 
world, and we looked with such condescension 
on the boys from the country who came in to 
be dazzled for a short time with the noise and 
confusion and splendors of the city. It looks 
sleepy enough now, but so restful and contented.^^ 
There is the same old church spire and George 


252 My Mysterious Clients* 

Norton^s Grocery* It looks very smalk but I 
can remember when it was a vast storehouse^ 
holding an unlimited supply of everything that 
was good*^^ 

The tireless Lapland dogs were directed up 
a sloping embankment^ and with two or three 
bounds gained the top and sped away through 
the silent streets of the village* 

** The school-house is illuminated, what is 
going on there this time of night, I wonder ? 

Let us see,^^ said the deputy, and as he drove 
alongside, shouts and laughter came rattling 
through the windows* Looking through the 
old-fashioned windows the two passengers took 
in a scene that needed no interpretation* All 
the spare lamps in town had been drafted, and 
the interior was ablaze with lights* The old 
and the young and the middle aged were there, 
and they were carrying on as though age and 
dignity had forever vanished and the entire body 
politic had been transmuted into a perennial child- 
hood* 

A Christmas tree, brilliant with lights and 
covered with all sorts of useless and useful arti- 
cles, stood up near the schoolmasters desk* An 
old gentleman, with the traditional white flowing 
beard and hair, fur cap, short pipe and little 


253 


Santa Claus^ Deputy* 

round belly^ was distributing gifts interspersed 
with remarks^ that were productive of a great 
deal of mirth and a variety of irreverent respon- 
ses* Whatever Portland might be on other 
occasions^ to-night she was disposed to let things 
take their course, regardless of the forms, cere- 
monies and restrictions of etiquette* 

Jeremiah was considerably excited* He stood 
up in the sled and rapidly reviewed the different 
persons in the assembly, calling their names 
and graphically describing their characters* 
'^That old Santa Claus was old Col* Solsby, 
shiftless, but the kindest hearted fellow in the 
world* I supposed he was dead years ago* 
Those Simpkins girls must be a hundred years 
old — Ann Maria and Mary Jane — they were 
old maids when I was a boy* They have the 
same hollow cheeks and spit curls I remember 
in the old times* The fat man just in front of 
them is Si Morehead, an old bachelor* He would 
marry one of those girls but he is afraid of the 
other, so he divides his affections impartially 
between them, and no one ever knew which he 
liked the best*^^ 

Just then Santa Claus handed the gay 
bachelor a square box, on receiving which the 
lid flew open and a miniature figure suddenly 


254 My Mysterious Clients. 

sprung to view, causing a murmur of merri- 
ment to undulate through the halL Si realized 
that the crowd were having some amusement 
at his expense and attempted gracefully to with- 
draw and at the same time acknowledge his un- 
expected gift, when, by reason of the embarrass- 
ment of the situation and the fact that the floor was 
uneven and slippery, and an urchin was tugging 
at his coat tails, he lost his balance and uncere- 
moniously sat down in the laps of the two ancient 
maidens — true to his instinct of self preservation 
he landed equally on the knees of the two. The 
laughter that shook the building was entirely 
unrestrained and not confined to age, sex or 
condition. It even extended outside, for both the 
deputy and Jeremiah became hilarious. 

Jeremiah was loth to leave, but his young 
conductor insisted that the time pressed, and the 
next moment they were gliding through the 
silent street. A golden light shone through the 
stained glass of the old church, and the solemn 
peal of the organ rolled along the vaulted arches 
accompanied by a choir of fresh voices singing : 

** Shout the glad tidings, exultingly sing, 
Jerusalem triumphs, Messiah is king.^^ 

They stopped until the last notes died away 


255 


Santa Claus^ Deputy. 

and then proceeded until they brought up in 
front of an old-fashioned house with a gable 
roof, over which an elm tree, that might have 
been a hundred years old, extended its bare and 
winter-stripped limbs. This was Jeremiah^s old 
home, and he became too full for utterance. 
Through the window panes, by the light of a 
lamp, which burned brightly on the table, he 
could see a middle-aged gentleman, his wife and 
quite a cluster of children. He clasped his hands, 
his eyes riveted to the scene. My father and 
mother, my sisters and brothers.^^ He conned 
eagerly every lineament of their faces and listened 
breathlessly to every word of the conversation 
that was running in its accustomed channels, 
until the father called his family to order, took 
down a well-worn volume and read a chapter, 
when they dispersed to their respective apart- 
ments for the night. The young traveler opened 
the door and led the way up a narrow but 
familiar stairway into a little room in the attic. 
An old musket stood in one corner, a base-ball 
bat in another. The moonlight streamed through 
a dormer window at the side of a couch upon 
which a boy was lying wrapped in a deep sleep. 
A stocking stuffed with candies and toys hung 
from the cover of a mantel, and a new sled. 


256 My Mysterious Clients* 

bright in red and gilt, rested against the wall 
just beneath it. Santa Claus has been here/^ 
said the old gentleman, and he stepped to the 
window and looked out into the night. Trinity 
Church was just across the way, and her sloping 
spire directed his eyes to the crystalline canopy 
crowned with the host of stars that looked down 
and seemed to borrow a brilliancy from the clear 
and frosty night. 

The old gentleman mused, Many and 
many a night have I stood here and vainly en- 
deavored to fathom the mystery that lies beyond 
yon stars, until the immensity and beauty of 
the scene filled my soul with awe, ^And the place 
became religious and my heart ran over with si- 
lent worship ^ of the Master whose pencil had 
sketched the night.^^ 

My friend, do you recognize the boy sleep- 
ing upon the couch ? Yes, that is myself, or 
rather my former self. Such a change; round, 
rosy face, curling locks fall about his white fore- 
head and are damp with the dews of sleep. 
How peacefully he sleeps. Look at the 
sweet smile. He is dreaming of his school- 
boy friends and his games and the visit of 
Santa Claus.^^ 

Yes, my venerable friend, it has been a long 


257 


Santa Claus^ Deputy* 

time since such sleep settled upon your eye lids* 
When you left home you cut loose from your 
old moorings and started in pursuit of wealthy 
the possession of which you believed would con- 
fer the greatest happiness* You grew rich 
rapidly; years ago you were reported very 
wealthy, but you were never satisfied* The 
more you acquired the more you wanted, until 
your entire life was absorbed in the one object* 
You lived in your counting-house, and the 
short intervals that you passed with your family 
might as well have been spent elsewhere, for 
your mind was still on your business* For 
forty years you have shut out the blue sky, the 
starry night, social intercourse with your family 
and friends, and with worry and anxiety for your 
companions, have constantly pressed on to the 
one goal — the acquisition of wealth as the se- 
curity of happiness, and at the end of that time, 
broken, wrecked in health, dyspeptic, you return 
to your old home* Look at that boy, see how 
sweetly he sleeps* There are no Turkish car- 
pets here, no marble halls or purple hangings* 
Why, you can see through the roof, and yet 
he is contented, he is happy *^^ The figure of the 
deputy became misty and vanished, and with it 


258 My Mysterious Clients* 

the little bedroom faded away* The sounds of 
his voice was replaced by the blast of a tin horn* 
Wake upt grandpa, wake up*^^ And the 
old gentleman discovered that somehow he had 
gotten back into his own library, that it was 
broad day light and his grandson was making a 
racket with a tin horn and a snare drum suffi- 
cient to raise the dead* 

See what Santa Claus brought me*^^ ** He 
was here sure, was n^t he grandpa ? Well, 
if he was n^t, I will bet you a good cigar his 
deputy was*^^ Well, who is his deputy, grand- 
pa '^He is a young fellow that represents 
Santa Claus when he is sick and shows old men 
what geese they have been making of them- 
selves* I had an interview with him last 
night — and if I remain in the same frame of mind 
I am now in I will enjoy next Xmas with the 
rest of you*^^ 


XL 

THE MAGIC WHISTLE. 

Dedicated to Florence Nettleton, Middle Bass, July 7th, J899. 


^ ^ ^ 

the heart of the Catskill Mountains, 
Jack Dunning, a small boy of about eight 
years, lived with his mother* Their house 
nestled in the valley at the base of one of the 
highest of the famous Catskills* 

Jack^s father had died some years before the 
occurrence of the events in this narrative, leaving 
his widow and their boy the old-fashioned farm 
house and about ten acres of rocky land, on 
which, with the assistance of some pigs and a 
cow, they managed to subsist* 

One morning Jack got up bright and early, 
took his fishing tackle, kissed his mother good- 
bye and started for the Hudson* He soon 
reached a favorite nook, where he had pulled 
out many a perch and shining sun-fish, put an 
angle worm on his hook and cast it boldly into 
the blue water* 


C259) 


260 My Mysterious Clients* 

Pretty soon he was thrilled through and 
through by feeling a quick pull on his line, and 
one, two, three short jerks, and then the line sud- 
denly straightened — the bamboo rod nearly 
doubled, and Jack found himself running along 
the bank holding on for dear life, and fearful 
that the line would break and he would lose 
his prize* A beautiful black bass leaped from 
the water and made a vain effort to shake him- 
self loose* Jack drew him slowly through the 
water, being careful to keep his line taut and not 
raise him above the surface until he got him into 
the shallows, when he swiftly and steadily lifted 
him to the shore and landed him safely on the 
grass, where he flopped vigorously, throwing 
the bright drops from his speckled and shining 
body* Jack heard a shout Bravo,^^ and look- 
ing up saw an old man approaching* He 
looked as though he might be a hundred ; short 
and of medium size, long grey hair, and beard 
as white as snow that reached to his waist* 
Jack unhooked his fish, strung him on a stringer 
made from the branch of a willow, let him down 
into the clear, cool water in a rocky basin, that 
seemed to have been made especially as a prison 
for captured fish* He proceeded to rebait and 
cast his hook again into the blue water* 


261 


The Magic Whistle. 

In the meantime he was becoming acquainted 
with the quaint old man^ who seemed to be 
quite up in the art of fishing. He told Jack a 
great many stories of fishing experiences of his 
own^ in which his luck was something marvel- 
ous. But^ as fishermen are distinguished for 
their veracity, he never for an instant doubted 
the truth of the old man^s stories. He passed the 
day with his new-found friend catching shiners 
and sun-fish and occasionally a gamy black 
bass, and he could hardly tell which interested 
him the more, the fishing or the wonderful tales 
of the old man. Finally the old fellow asked 
Jack if he had ever read the Arabian Nights. 
Jack replied that his mother had read them to 
him. Well, I am very glad of that,^^ said the 
old man, for I have taken a fancy to you, and 
you will be able to appreciate what I am about 
to tell you and carry out a plan I have formu- 
lated. 

** I was born in Arabia, and in my native 
country I am a celebrated magician. I have 
seen Aladdin^s Lamp, and have played seven- 
up with Sinbad the Sailor. I came here from 
Arabia on a special mission. Years ago a lovely 
white pony, famous throughout Arabia for his 
matchless beauty and his speed, and owned by 


262 My Mysterious Clients. 

an Arabian Prince^ escaped from the stables of 
his master. His hostlers followed him on the 
fleetest coursers through Russia and into Siberia^ 
where they lost track of him. Afterwards they 
learned that he crossed the Behring Straits on 
the ice and traveled south through North 
America^ until he came to the Catskills, where 
he is now on top of the high mountain that rises 
above your mother^s home. No stranger can 
capture him, and no one else, in fact, unless he 
has this whistle, which is a magic whistle.^^ 
And he handed Jack a silver whistle, exquisitely 
chased and mounted on an oblong piece of trans- 
lucent pearl. The words Silver Hoofs were 
delicately cut into the silver. That is the pony^s 
name,^^ remarked the old man. I came here 
for the purpose of catching this pony and taking 
him home to Arabia. But there is an electric 
influence surrounding these mountains that ren- 
ders me absolutely powerless as soon as I come 
within its circle. That influence that paralyzes 
me at my age, has not the slightest influence on 
one as young as you are. As I cannot catch 
him myself, and as I have become quite fond of 
you, I have determined to make you a present of 
the beautiful ^ Silver Hoofs.^ Go to bed early 
to-night, rise with the sun in the morning ; tell 


263 


The Magic Whistle* 

no one of your enterprise ; climb up the moun- 
tain until you come to the very top* There 
you will find a level plain with a grove of tall 
trees at one end overlooking the steep descent on 
the other side of the mountain* In that grove 
is ^ Silver Hoofs ^ running wild* When you see 
him blow a sharp blast on the magic whistle^ 
and he will come to you* When he does^ put 
this bridle upon him, and he will be yours, and 
no one can take him away from you, unless 
they get possession of the magic whistle*^^ And 
he handed Jack a bridle made of Turkish 
leather, stitched with golden thread* The bit 
and buckles were silver and the rings ivory* 
Jack put the whistle carefully away in his 
pocket, twisted the throat latch about the reins of 
the bridle and buckled it around his waist for a 
belt, pulling his coat over it so as to conceal it* 
He tried to express his gratitude to the old man 
for his kindness, and was unable to conceal his 
joy at the prospect of obtaining such a prize as 
the celebrated Arabian pony* He said to him- 
self over and over again as he walked home with 
his string of fish dangling at his side, ** This is 
too good to be true — it can ^t be possible,^^ and 
then he felt the magic whistle in his pocket and 
the wonderful bridle belted around his waist, and 


264 My Mysterious Clients* 

he soliloquized, It must be true, else where did 
he get this lovely bridle and this beautiful 
whistle ? Besides that, he is an old man and a 
fisherman, and they never lie.^^ 

Jack^s mother exclaimed, Why, Jack, what 
a splendid string of fish. That black bass will 
be delicious for supper, and those sun-fish will 
make a breakfast fit for a prince.^^ 

** For an Arabian Prince,^^ said J ack. ** Y es, 
for an Arabian prince, and they have everything 
that is going.^^ Another proof, thought Jack, 
that the old man told the truth. But, he remem- 
bered what the old magician said, and he never 
uttered a word of his secret, although he was 
bursting to tell the whole story to his mother, 
and show her the Turkish bridle, and the magic 
whistle. He kept perfectly mum on the subject, 
and told his mother he was going to get up 
early in the morning and climb up the mountain. 

She asked him what he wanted to climb 
the mountain for — he replied carelessly, ^^To 
see what I can find.^^ Well,^^ said his mother, 
it will be just like you to find something valu- 
able, you are such a lucky child. Look at that 
string of fish. Do you ever dream of fish. Jack ? 
If you dream of fish swimming in the water, it 
is a sure sign of good luck.^^ That night Jack 


The Magic Whistle. 265 

saw in his dreams whole schools of black bass, 
shiners, perch, sun-fish and speckled trout. 

He was up and dressed bright and early, 
buckled his bridle around his waist, assured him- 
self that his magic whistle was safe in his pocket, 
and after a breakfast of sun-fish, coffee and corn 
bread, started on his trip up the mountain side. 

He struggled over the rocks and up land 
slides, and all sorts of stony winding paths, until 
he reached a square rock, that stood high upon 
a level of the mountain, like the tower of a 
cathedral. As he approached this massive rock, 
he observed a short, round little Hollander, wear- 
ing a hat sloped into a peak, and leather jacket 
and leggins. 

The little Dutchman took from a ledge of 
the rock an iron goblet and drew it full of cold 
sparkling water from a spigot that was inserted 
into the rock, and politely offered it to Jack, who 
did not hesitate to take it and drink it to the 
last drop, for he was very thirsty. 

Going far ? inquired the Hollander. 

^^To the top of the mountain,^^ replied Jack. 
If you are going after the white horse, you 
had better give it up, for you can^t catch him.^^ 

I may have the fun of seeing him,^^ said 
Jack, starting on his way. As he was going 


266 My Mysterious Clients. 

around a corner of the rock, he heard the fat 
little man shout, You will be lucky if you get 
one glimpse of him.^^ Jack wound his way 
around the rock until he came to a chasm that 
seemed to cut this level in two and go down 
into the very bowels of the earth. It was so 
deep he could not see the bottom of it. He could 
see the perpendicular sides of the mountain sink- 
ing down, down until they were lost in dark- 
ness. Fortunately, a large tree had fallen across 
this chasm, making a natural bridge. Jack 
climbed onto the trunk of the tree, and, holding 
fast to the branches, walked safely across, and 
proceeded along a pebbly path around the great 
rock until he came suddenly upon a broad piece 
of table land, partially enclosed by the perpen- 
dicular sides of the mountain, like an amphi- 
theater, and that commanded a view of the 
mountain peaks, gorges, valleys and the Hudson 
winding about its elevated shores, like a blue 
ribbon in the distance. A huge windmill stood 
at the very edge of this mountain stage and 
where it precipitated itself a thousand feet into 
the crags and slopes and valleys below. 

An immense horn was suspended by a rope 
attached to each end, from a wheel that slowly 
revolved just beneath the wings of the windmill. 


267 


The Magic Whistle. 

In fact^ the wings of the windmill, lazily turn- 
ing, caused the wheel to revolve, which pro- 
duced an undulating or swinging motion upon 
the horn, causing it to swing out over the preci- 
pice and back over the tableland. This horn 
was curved like a powder horn, small at one 
end and gradually enlarging into a great flaring 
trumpet at the other. A pile of rope lay on the 
ground under the horn. An old woman — a 
veritable old hag with blazing eyes and long 
straggling hair was feeding this rope into the 
small end of the horn. As it worked its way 
through, it unraveled, expanded, dissolved and 
came out of the large opening as it swung over 
the edge of the rock in light fleecy clouds and 
floated away. Right on the edge of this rocky 
platform, and jutting over it, was a monster iron 
drum, in the cable cords of which hung a mam- 
moth drum stick. A number of bottles were 
arranged around the base of the drum, filled 
with some kind of diabolical fluids. 

All of this Jack observed with a great deal 
of wonder. He also noticed a great iron door 
set into the face of the mountain at one side of 
this natural stage. Massive hinges secured this 
door with giant bolts imbedded into the rock. A 


268 My Mysterious Clients. 

long chain hung from an iron ring attached to 
the door. 

Jack watched the old woman with open-eyed 
wonder feeding the rope into the moving horn 
and the light clouds coming like wood smoke 
from the flaring opening and floating gently and 
gracefully over the valley. 

Presently she walks over to where the iron 
chain is hangings takes hold of it^ and^ with both 
hands pulls upon it until the iron door high 
above her flies open^ and instantly Jack heard a 
confused murmuring and whistlings and breezes 
and windss and big gales came out with a rush^ 
and rans pell-mells roaring and howling across 
the mountains^ causing the tall pines to bend^ 
and the cattle in the fields below to run and 
moan with terror. The old witch runs back to 
the windmills her long hair flying in the breeze. 
She picks up one of the bottles and deluges the 
pile of rope with an inky fluid. The white 
clouds turn blacks and pour down torrents of 
rain. She grasps another bottle with one hand 
and the big drum stick with the other; she 
flings from this bottle a bright shining fluids that 
cuts and burns in zigzag courses across the black 
cloudss illuminates the distant mountains and 
dazzles the eyes of poor Jack. She strikes the 


269 


The Magic Whistle* 

drum a heavy blow^ and a boom like a sunset 
gun rolls away until it is lost between the 
mountains that are cleft by the Hudson* Again^ 
and again she flings the electric fluid on the 
black surface of the expanding clouds, and sends 
her flashing messengers like the characters on 
the walls at Belshazzar^s feast, quivering to the 
horizon — all the while beating the drum like 
mad, until the boom and roar and crash of sound 
are rolling in trains across the dark canopy, re- 
verberating among the mountains and mingling 
in joyous tumult with the whistling of the winds 
and the splash of the rain* 

For a time Jack was stupefied by this terrific 
display — but, soon regaining consciousness, and 
feeling the silver whistle in his pocket, he re- 
membered his mission, and proceeding to an 
angle in the rocks, commenced to ascend an 
almost natural stairway — after climbing for a 
considerable time, he came to a landing, from 
which he could see the surrounding country 
and the peaks of the Catskills, far below him* 
This landing was small, and led to another 
natural spiral staircase, up which he toiled, pull- 
ing himself along by grasping the underbrush 
and roots of trees, until he came upon a rugged 
plain, that was on the very top of the mountain* 


270 My Mysterious Clients* 

He stopped a moment to look at the lakes and 
cities, that appeared like little ponds and tiny 
villages way off against the edge of the sky* 
The storm had entirely disappeared, the sun 
was shining brightly and a gentle breeze was 
blowing* He trudged manfully over the plain, 
until he sighted a beautiful grove of trees* He 
noticed they were tall and straight and the limbs 
quite elevated from the ground* He whispered 
to himself, Here is the place where I will find 
^ Silver Hoofs,^ and started on a run with his 
heart in his mouth* When he entered the grove 
he noticed a number of hunters, dressed in 
chamois-skin coats and leather leggins and ger- 
man caps* They spread themselves in a semi- 
circle and ran rapidly through the wood shout- 
ing to each other* Pretty soon he got a glimpse 
in the distance of a white object flashing through 
the green of the trees, as the hunters pressed for- 
ward, shouting to each other ; the white object 
was plainly a beautiful pony with an arching 
neck, milky mane and tail, creamy nostrils, and 
soft brown frightened eyes* The circle of hunt- 
ers grew smaller and closer about him* They 
commenced to call and whistle to him in the 
most gentle, coaxing and soothing manner* Sud- 
denly the pony wheeled and started directly to- 


27J 


The Magic Whistle. 

ward one of the hunters^ when he veered to one 
side^ and dashed through the circle^ kicking up 
his heels and neighing in triumph. The sight 
of his heels flashing bright silver in the sun 
caused Jack^s heart to thump against his ribs. 
When the pony had reached a safe distance he 
stopped and looked back inquiringly at his pur- 
suers. 

While Jack was wondering how it would be 
possible ever to catch him^ he inadvertently put 
his hand in his pocket and touched the magic 
whistle. At the same time he was reminded of 
the bridle with the silver bit that was buckled 
around his waist. He raised the whistle to his 
lips and blew a long clear blast — instantly the 
pony turned his head^ threw forward his ears 
and seemed alert with attention. Jack blew an- 
other loud and shrill blast, and the pony started 
on a gentle trot toward him. Jack was so ex- 
cited he could scarcely contain himself ; his heart 
was beating a tattoo, and if the pony had turned 
and ran away, it certainly would have been 
broken, and he simply would have cried his eyes 
out. But the pony came straight on in a gentle 
trot, tossing his white mane, and daintily lifting 
his glistening feet, until he stood directly in front 
of Jack. Jack spoke to him in the most endear- 


272 My Mysterious Clients* 

ing horse language he could command^ and gave 
him a great many affectionate names* He put 
his hand between his ears and firmly grasped his 
forelock^ determined if the pony was disposed to 
run to go with him^ if it killed him* But the pony 
had no notion of running* He lowered his head 
obligingly, and Jack quickly unbuckled the 
bridle, placed the silver bit in his mouth, the 
head stall over his ears, drew the throat latch 
around his neck, buckled it and threw the reins 
over his head* He then led him to a stump, 
from which he climbed onto the dear little pony^s 
back* Without stopping to bid the hunters 
good-bye, he blew another blast on the magic 
whistle, and Silver Hoofs started on an easy 
gallop, that reminded Jack of a rocking chair* 
Out of the woods he cantered and over the 
plains and down the natural spiral staircase, 
until he came to the amphitheater, where the 
witch brewed the storms* The wings of the 
windmill were lazily turning, the old woman 
was feeding the rope into the horn, which was 
swinging back and forth, sending the light, 
fleecy clouds out over the valley* Jack patted 
Silver Hoofs on the neck, and he cantered 
around the big rock* With a pang of dismay. 
Jack remembered the chasm, crossed only by a 


273 


The Magic Whistle. 

fallen tree^ over which the pony certainly could 
not walk. Was all his trouble and adventure 
for nothings and would he have to leave the 
precious Silver Hoofs up in the mountains 
after all ? Never/^ exclaimed Jack, and vis- 
ions of bridges made from planks, tugged by 
Jack up the mountain, flitted through his 
brain. As they came in sight of the chasm, 
** Silver Hoofs immediately increased his speed, 
and it flashed on Jack like lightning that he was 
going to attempt to jump the yawning gulf. The 
very thought of it froze his blood, and he in- 
stinctively commenced pulling on the reins. The 
pony angrily and impatiently shook his head and 
threw it suddenly forward, jerking the reins from 
Jack^s hand, and then started on a mad gallop, 
directly toward the dark chasm. Jack dropped 
upon the neck of the pony, and clasped it with 
both arms. On, on he rushed. Jack clinging to 
him, breathless with terror. He reaches the edge 
of the opening, crouches for an instant and 
springs, rising above the chasm in a graceful 
curve and landing safely on the other side. 

Jack opened his eyes, caught his breath, 
patted Silver Hoofs on the neck and assured 
him he would not exchange him for his weight 
in gold. Silver Hoofs tossed his silky mane, 


274 My Mysterious Clients. 

gave a cute little neigh and trotted on by the 
rock and down to the leveh where the little Hol- 
lander was standing with the iron goblet in his 
hand. His eyes bulged out bigger than saucers 
when he saw the pony. ** You see I got more 
than a glimpse of him/^ shouted Jack. The Hol- 
lander was speechless, but he handed Jack the 
goblet, filled with sparkling water, and gave 
Silver Hoofs a good drink from a wooden 
trough. 

Good-bye,^^ quoth Jack. ** * Silver Hoofs ^ 
and I will often come and visit you again,^^ and 
away he sped. 

I do n^t know,^^ murmured the little Dutch- 
man, ** I think that boy must be the very devil, 
or he would never catch that horse.^^ 

Silver Hoofs cantered on down the 
mountain side, until he came to the little cottage, 
where Jack^s mother was seated on the porch, 
knitting and watching for her darling boy. 

** Why, Jack, where in the world did you 
get that beautiful pony ? 

Jack replied : Isn^t he just too lovely for 

anything ? I have got something to tell you that 
beats the ^Arabian Nights.^ He is my own, my 
very own, and no one can ever get him away 
from me as long as I keep this whistle. Jack^s 


275 


The Magic Whistle. 

mother walked all around him^ lost in admira- 
tion. Is n^t he just too sweet for anything ? 
And he actually has silver shoes.^^ Jack took 
him into the cow-shed^ tied him with a halter 
into a stalls made a nice bed of straw for him 
and gave him some fresh new hay to eat^ and then 
went into the house, and after disposing of a bowl 
of bread and milk, told his mother the story of 
his adventure. When he had finished she said. 
Well, I have read of such things, but I really 
could n^t have believed it if you had not told me 
and brought back the pony/^ 

The next morning Jack got up bright and 
early and ran out to the shed to see if the pony 
was still there, and it was not all a dream. But 
there he was, sure enough. He rubbed his yel- 
low nose on Jack^s shoulder and looked at him 
out of his soft brown eyes in a way that made 
his heart dance, and Jack just threw his two arms 
around the pony^s neck and set his cheek against 
his head in a manner that indicated that they 
were to be friends and brothers for all time. 

Years after, when Jack could be seen riding 
the famous pony up the mountain side or along 
the banks of the Hudson, mothers would point 
him out to their little children and say : 


276 My Mysterious Clients* 

There goes Jack Dunning on the beautiful 
^ Silver Hoofs/ and then they would tell them 
the story of the Arabian Magician and the 
Magic Whistle. 


33 93 









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DEC 92 


N. MANCHESTER, 
INDIANA 46962 j ^ 


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